SOUTH AFRICAN MARITIME

SAFETY AUTHORITY

BUNKERING CODE OF PRACTICE

OCTOBER 2021

Caution: In terms of section 21(1) of the Marine Pollution (Control and Civil Liability)
Act 6 of 1981, it is illegal for any person to conduct either a cargo or bunker transfer
operation inside or outside a harbour or fishing harbour of the Republic of South Africa,
without prior permission from the Authority.

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 Bunkering Code/ Effective date Amendments to the Code Remarks
Amendments

Bunkering Code of 01.XX.2021 First Issue

Practice

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 Contents
1. BACKGROUND ........................................................................................................... 5
2. INTRODUCTION .......................................................................................................... 5
3. OBJECTIVES .............................................................................................................. 5
.1 Safe Bunkering Operations ................................................................................... 5
.2 Industry Development ........................................................................................... 6
.3 Supporting Local Communities ............................................................................ 8
.4 Research, Development and Training .................................................................. 8
4. PRINCIPLES................................................................................................................ 8
.1 Consistency, Fairness, Objectivity and Timeliness ............................................ 9
.2 Transparency and Disclosure ............................................................................... 9
.3 Cooperation ........................................................................................................... 9
.4 Continual improvement ......................................................................................... 9
5. PURPOSE ..................................................................................................................10
6. DEFINITIONS .............................................................................................................10
7. APPLICATION ............................................................................................................13
8. SCOPE .......................................................................................................................13
9. LEGISLATION ............................................................................................................14
.1 IMO INSTRUMENTS ..............................................................................................14
Conventions .......................................................................................................... 14
.2 SOUTH AFRICAN LEGISLATION .........................................................................17
Acts…….. .............................................................................................................. 17
Regulations ........................................................................................................... 27
Marine Notices ...................................................................................................... 33
10. RESPONSIBILITIES AND ACCOUNTABILITIES .......................................................33
11. LOCATIONS (DESIGNATED BUNKER TRANSFER AREAS) ...................................34
12. APPROVAL PROCESS ..............................................................................................36
.1 Application for a long-term approval ..................................................................36
.2 Submission of Application ...................................................................................38
.3 Fees Payable .........................................................................................................38
.4 Levies Payable ......................................................................................................38
.5 Insurance ..............................................................................................................38
.6 Approval ................................................................................................................39
.7 Duration.................................................................................................................39
.8 Responsibility of the operator .............................................................................39
.9 Existing Operators................................................................................................40
.10 Withdrawal of Approval......................................................................................40
13. OPERATIONAL REQUIREMENTS .............................................................................40
.1 Bunkering Operation Suitability Assessment ....................................................40

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 .2 Safety and Pollution Vessel .................................................................................42
.3 Accidents and Incidents.......................................................................................43
.4 Risk Assessment ..................................................................................................43
.5 Environmental Risk Management Plan (ERMP) ..................................................44
.6 Oiled Wildlife Contingency Plan ..........................................................................44
.7 Operating Criteria .................................................................................................44
.8 Bunker transfer plan.............................................................................................44
.9 Oversight ...............................................................................................................45
.10 Fuel Types ..........................................................................................................45
.11 Origin of cargo....................................................................................................45
14. EMERGENCY MANAGEMENT ..................................................................................45
.1 Rapid on-scene Response ...................................................................................45
.2 Spill Response and Recovery Equipment...........................................................45
.3 Spill Recovery Vessel Capability .........................................................................46
.4 Booms ...................................................................................................................46
.5 Oil Spill Modelling.................................................................................................46
.6 IMOrg .....................................................................................................................46
15. DOCUMENTATION ....................................................................................................47
16. SUB-INDUSTRY .........................................................................................................47
.1 Offshore Port Limit Activities ..............................................................................48
.2 Ship Agencies .......................................................................................................48
Annex 1 - Requirements for obtaining approval ..............................................................49
1 Bunkering operations of oil fuel inside and outside a port ...............................50
.1 Requirements for oil fuel bunkering inside a port ....................................... 50
.2 Requirements for oil fuel bunkering outside a port..................................... 50
2 LNG bunkering operations inside and outside a port ........................................52
.1 Requirements for LNG bunkering inside a port ........................................... 52
.2 Requirements for LNG bunkering outside a port ........................................ 53
Annex 2 - Documents to be submitted prior to each bunkering operation .....................55
Annex 3 - Qualifications and Experience of Loading Masters ........................................59
Annex 4 - Operational/Safety Check Lists ........................................................................61
Annex 5 - Application form for Long-term Bunkering Operations ..................................64
Annex 6 - TNPA requirements for obtaining a license.....................................................66

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1. BACKGROUND

Bunkering is the term used for supplying fuel for use by ships. In the bygone era, ships were
powered by steam engines. Coal was used to produce steam; the coal was stored in bunkers
and the term bunker came about to refer to ships fuel.

Bunkering is the transfer of ships fuel for use in the propulsion and auxiliary machinery of a
ship. Though bunkers can also be supplied via shore pipelines and road tankers, this code
deals with bunkers supplied by a bunker barge or a custom-built bunkering vessel.

2. INTRODUCTION

The purpose of this Bunkering Code of Practice (herein after, referred to as the ‘Code’) is to
provide the framework for those involved in such operations.

Conducting bunkering operations systematically and carefully in accordance with the

requirements contained in this Code taking into account legislation as detailed in chapter 9 of
this code, requirements and the relevant parts of International publications, namely ISGOTT
and the Ship to Ship Transfer Guide, should ensure that such operations are conducted in a
safe manner.

The South African Maritime Safety Authority (SAMSA) does not accept any legal obligations
or responsibility whatsoever in relation to the bunkering process or in relation to any matters
arising from compliance or non-compliance with the Code. This Code consists of the
requirements for obtaining approval and recommendations by the Authority in the
interests of maintaining good operating practice in South African waters and reflects
world best practice. International Bunker Industry Association (IBIA) has provided important
inputs in preparing this code.

Neither the Authority nor the Government of South Africa, their officers, servants or agents
shall be responsible for any losses which might be caused by or attributable to bunkering
operations. In the event that there is any provision contained within this Code which any person
considers should be varied or not applied in any given situation, written notification should be
given to the Authority as soon as practicable. For the avoidance of doubt your attention is
drawn to Section 46 (1) of the South African Maritime Safety Authority Act 5 of 1998 which
provides as follows;

Limitation of liability and indemnification of Authority

46. (1) The Authority, its officers and any person or body acting on its authority are not liable
for any loss or damage suffered by any person by reason of anything done or not done in good
faith in the carrying out of the Authority’s duties referred to in section 4.

The standards set out in this Code are subject to periodic review to reflect technological
changes and new technical developments. Changes to the Code will be made through the
issue of amendments or revised editions.

The Department of Transport is in the process of promulgating the Merchant Shipping Bill
2020, which is currently open for public comments. Upon promulgation of the bill, this code will
be reviewed and will be subject to compliance with the provisions of the bill.

3. OBJECTIVES

.1 Safe Bunkering Operations

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 This principal objective of this code is to ensure that bunkering operations are conducted
with zero harm to the marine environment. This code details the requirements for
accomplishing safe bunkering operations and in turn support commercial marine activity.

.2 Industry Development

Introduction and background

South Africa is bordered by the ocean on three sides - East, South and West. The South
African Navy calculates South Africa’s coastline as being approximately 3,924 km. This
calculation includes South Africa’s sovereign possessions of Prince Edward (32 kms of
coastline) and Marion Islands (134 kms of coastline) that are collectively known as the
Prince Edward Island Group.

This coastline stretches from the Namibian border on the West Coast to the Mozambican
border on the East Coast and has a few bays or indentations that are naturally suitable for
harbours. South Africa has nine ports under the control of TNPA: Richard’s Bay, Durban,
East London, Ngqura, Port Elizabeth, Mossel Bay, Cape Town, Saldanha Bay and Port
Nolloth.

Under international law, South Africa exercises marine jurisdiction over living and non-
living ocean resources to a distance of 200 nautical miles from the coastal baselines, an
area referred to as South Africa’s Exclusive Economic Zone (EEZ). Within an EEZ, states
have the right to exploit, develop, manage and conserve all resources found in the waters,
on the ocean floor and in the subsoil. South Africa’s EEZ currently compromises
approximately 1,553,000 km².

Strategic Context

South Africa is the gateway to Southern Africa and has a well-developed port network.
Additionally, and owing to its geographical and strategic position, approximately 1500
vessels traverse the South African EEZ every day, with 90% of them on passage, and
therefore not calling at any of the South African ports. Most popular routes are:

East West: primarily the oil trade to North West Europe and the USA.

West East: bulk carriers to China and oil from West Africa to of these vessels, as well as
Container Ships in both directions.

SAMSA, working with partners and industry, is committed to contribute towards South
Africa unlocking the potential of the ocean economy through bunkering, including
satisfying the following inclusive growth imperatives:

• Localisation
• Transformation
• Development and growth of Small, Medium and Micro Enterprises (SMMEs)
• Maritime Capacity Development and Job Creation
• Social cohesion and nation building

Ship to Ship Transfer (STS) and Bunker operations bring in about much needed ships
services business in the area, with more potential for socio-economic growth and job
creation through the following areas:

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 Fuel suppliers, Hull cleaning, Ship Agency, Lube Oil traders, Oil Spill response, Ship
Chandlers, Launch operations, Bunker surveying, Crew change, Hospitality (Guest
houses and Hotels), Provisions, Spares, Diving, Seafarer employment, Ship Ownership,
Bunker Traders and Slops / sludge disposal.

The bunker operator must develop its own Maritime Industry Development Plan (MIDP),
as part of their submission, which must be in line with the principles of the Comprehensive
Maritime Transport Policy (CMTP) and adhere to the vision, mission and goals as detailed
below:

Vision

An effective and growing industry that is safe, secure, reliable, economical and well
regulated. It should be environmentally sustainable within the global logistics chain and
contribute to South Africa’s socio- economic development and growth.

Mission

To meet the needs of South Africa’s Economy through a safe, secure, growing, reliable,
effective, well regulated, environmentally efficient and integrated maritime transport
system in line with the fundamental principles and strategic objectives of the South African
Government.

Goal

The goal of the Bunker Code is to ensure the development of bunkering infrastructure and
service strategic framework as envisaged in CMTP Policy Statement 5 (g) through the
introduction of sophisticated but integrated maritime supply chain systems; the
development and enhancement of national shipping capacity and capability within a
complex of logistical environment of people and machine, able to serve trade at all levels
and support the goals of the broader national interest and specific Government
developmental programmes and initiatives.

MARITIME INDUSTRY DEVELOPMENT PLAN

The implementation of the bunker operators MIDP must be guided by the empowerment
indicators from the BBBEE Act as follows:

a) Ownership
b) Management control
c) Employment equity
d) Skills development
e) Preferential procurement
f) Enterprise Development and
g) Socio-Economic Development

The MIDP must facilitate the development of the sector by:

a) Promoting equitable access and participation of Black South Africans in the entire
maritime value chain;
b) Deracialize enterprise ownership, control, skilled occupations and management of
existing and new maritime enterprise;

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 c) Unlocking the full entrepreneurial skills and potential of Black South Africans in the
sector;
d) Facilitating structural changes in maritime support systems and development
initiatives to assist Black South Africans in owning, establishing, participating in
and running offshore bunkering enterprises;
e) Socially uplifting and restoring the dignity of Black South Africans within the sector;
f) Increasing the extent to which communities, workers, co-operatives and other
collective enterprises own and manage existing and new offshore bunkering
enterprises, increasing their access to economic activities, infrastructure and skills
training;
g) Increasing the extent to which Black South African women, people living with
disabilities and youth own and manage existing and new enterprises, increasing
their access to economic activities, infrastructure and skills training; and
h) Empowering rural and local communities to have access to maritime infrastructure,
ownership and skills.

Additional information to be included in the plan:

a) Relevant measurable milestones and key performance indicators which can be

used to measure the performance of the applicant against the plan;
b) Promotion of the South African Ship Register; and
c) Employment of South African Seafarers in management and operational positions,
including the transfer of skills.

Any successful applicant must participate in local multi-stakeholder committees:

a) STS and Bunkering Stakeholder Steering Meeting

b) Technical Working Group
c) STS and Bunkering Environmental Working Group, and
d) Maritime Industry Development Working Group.

and be held accountable through these forums to ensure compliance with the Local
Development Plan.

.3 Supporting Local Communities

By promoting sustainable and environmentally safe operations the South African economy
should enjoy the creation of jobs, not only as a direct outcome of the operation, but
indirectly by the creation of the associated ancillary industries such as ship chandling, OPL
operations, supply of provisions / spares / stores / underwater hull inspections and
hospitality amongst others, thus contributing to the economy and GDP of the Republic.

.4 Research, Development and Training

The outcome of this activity assists the Republic in training and development of a certified
work force, enabling a pool of trained and skilled seafarers who can thereafter obtain jobs
on sea going vessels. As safe operations are concluded many research activities relating
to design and development can be progressed and thus position the Republic on a global
platform.

4. PRINCIPLES

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.1 Consistency, Fairness, Objectivity and Timeliness

This code will be applied consistently. Each application received will be treated fairly with
the sole objectivity of ensuring that approved operations will be conducted in a safe
manner and protecting the marine environment from any harm. The application received
will be dealt with as swiftly as practical, subject to all required information being submitted
and any request for additional information is promptly provided. However, where the
Authority has determined that certain areas/locations are deemed unsuitable for particular
types of operations, the Authorities decision will be binding and no applications or
supporting evidence will be accepted. The number of Operators may be limited in certain
geographical areas, based on an area risk assessment including but not limited to,
available anchorage areas, TNPA licencing conditions, weather, number of incidents,
vessel size limitations, environmental risks, etc. If the limit, as established, by the Authority
has been reached no further application will be considered by the Authority.

.2 Transparency and Disclosure

The CEO of the Authority will ensure that all applications are dealt with in a transparent
manner, within 3 months from the date a full and complete submission is made and that
the applicant is advised of the outcome of the application, whether such application is
approved or declined shall be subsequently communicated to the applicant.

.3 Cooperation

The code aims to foster cooperation between the various role players in ensuring that
bunkering operations are conducted in an environmentally safe and efficient manner.
Entities involved in bunkering operations are encouraged to advise the Authority regarding
challenges and proposals to promote safe operations, considering new technologies
available and the benefit of applying such.

.4 Continual improvement

The code aims to seek continual improvement and encourages all entities involved in
proposing changes to better this code in terms of operational aspects and risks identified
in ensuring bunkering operations are conducted is a safe and environment friendly
manner.

In order to bring into effect continual improvement (as required by the Quality Management
System (QMS) of SAMSA) participants of a bunkering operation are required to conduct
an AAR (After Action Review) or Lessons Learnt process as soon as practical after an
operation where an incident has occurred or where there could have been a potential
incident. A monthly review of all operations is to be conducted by management and filed.
These will be reviewed during the Audit/re-approval phase and during any adhoc
inspection. They should cover the following as a minimum:

1. All personnel involved in the operations must attend.

2. Topics to discuss: What was done well and what can be improved?
3. The 4 areas for possible improvement: Execution, Resources, Procedures, Risk
assessment based on the Hazard Identification and Risk Assessment (HIRA)
principles, taking into account human element, management and system failures.

AAR’s which highlight a lesson or room for improvement are to be submitted without delay
to the office / Principal Officer where permission was obtained.

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5. PURPOSE

This Code prepared by the South African Maritime Safety Authority in consultation with DoT,
DFFE and TNPA and is intended for the benefit of all operators engaged in bunkering
operations:

(i) inside a port; or

(ii) at a designated anchorage; or
(iii) at off port limits; or
(iv) within the territorial waters; or
(v) within the exclusive economic zone

6. DEFINITIONS

“Approval” means the permission granted for a single operation in case of Ship to Ship
operations or for a specified period of time in case of bunkering operations by the authority
and as detailed in the approval;

“Authority” means the South African Maritime Safety Authority established by section 2 of the
South African Maritime Safety Authority Act 5 of 1998;

“Bunkers” means commercial grades of ‘ships fuel’ used for the propulsion and auxiliary
machinery of a ship;

“Bunker barge” means a tanker vessel that supplies ships fuel to ships;

“Bunkering” means the supply of fuel for use by ships and includes the shipboard logistics of
loading fuel and distributing it among available bunker tanks;

“Bunker Operator” means the holder of an approval granted by the Authority and a license
issued by TNPA to conduct bunkering within a port operations area;

“Cargo Surveyor” means the cargo surveyor engaged by the ship owner/buyer and/or the
cargo supplier;

“DFFE” means the Department of Forestry, Fisheries and the Environment;

“Discharge” in relation to a harmful substance, means any release, howsoever caused, from a
ship, a tanker or an offshore installation into a part of the sea which is a prohibited area, and
includes any escaping, disposal, spilling, leaking, pumping, emitting or emptying; and
"discharge", when used as a verb, has a corresponding meaning;

“Exclusive economic zone” means the exclusive economic zone referred to in section 7 of the
Maritime Zones Act 15 of 1994;

“Gas carrier” means a cargo ship constructed or adapted and used for the carriage in bulk of
any liquefied gas or other products listed in the table of Chapter 19;

“Harbour” means a port in terms of section 1 of the National Ports Act 2005 (Act No. 5 of 2005);

“Harmful substance” means any substance which, if introduced into the sea, is likely to create
a hazard to human health, harm living resources and marine life, damage amenities or interfere
with other legitimate uses of the sea, and includes oil and any other substance subject to
control by MARPOL 1973/78 as amended, and mixtures of such substances and water or any
other substance;

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“IGC Code” means The International Code of the Construction and Equipment of Ships
Carrying Liquefied Gases in Bulk;

“Incident” means any occurrence, or series of occurrences having the same origin, which
causes a discharge of oil from any ship, tanker or offshore installation or which creates the
likelihood of such a discharge;

“Incident Management Organisation” means an Incident Management Organisation (IMOrg)

for preparedness and response is to be created and enabled according to the International
Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (OPRC) Bill
guidelines;

“Innocent passage” means passage which is not prejudicial to the peace, good order or
security of the Republic;

“Internal waters” excludes those waters in respect of which the right of innocent passage exists
by virtue of section 3(3) of the Maritime Zones Act 15 of 1994;

“ISGOTT” means the latest edition of the International Safety Guide for Oil Tankers and
Terminals (ISGOTT), published by the International Association of Ports and Harbors (IAPH),
the International Chamber of Shipping (ICS) and Oil Companies International Marine Forum
(OCIMF);

“License” means a licence to provide a port service or operate a port facility, issued by TNPA
in terms of section 57 or deemed to be held in terms of section 65 of the National Ports Act,
No 12 of 2005 and “licensed” must be interpreted accordingly;

“LNG” means liquefied natural gas;

“Long-term” means the period for which a bunker operator has been approved to conduct
regular bunkering operations, but not exceeding a period of 5 years;

“LPG” means liquefied petroleum gas;

“Marine area plan” means a plan developed within a marine area by analysing and allocating
the spatial and temporal distribution of human activities in the South African waters to achieve
ecological, economic and social objectives, taking into account all relevant principles and
factors set out in the Marine Spatial Planning Act, 2018.

“Marine Life” means all living things that are found in or on the sea and all waters connected
to the sea and includes sea birds;

“Marine Pollution (Control and Civil Liability) Act” means the Marine Pollution (Control and Civil
Liability) Act 1981 (Act 6 of 1981), as amended;

“Marine Pollution (Prevention of Pollution from Ships) Act” means the Marine Pollution
(Prevention of Pollution from Ships) Act 1986 (Act 2 of 1986), as amended;

“MARPOL Convention” means The International Convention for the Prevention of Pollution
from Ships, 1973 (MARPOL) as modified by the Protocol of 1978;

“Master” means the Master of the discharging and receiving vessel;

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“MPA” means a Marine Protected Area, as declared by a notice in the Gazette by the Minister,
in accordance with the National Environmental Management: Protected Areas Act, 2003 (Act
57 of 2003);

“NOSCP” means the South Africa’s National Oil Spill Contingency Plan (NOSCP) Maritime, as
amended;

“Offshore installation” means a facility situated wholly or partly within the prohibited area and
which is used for the transfer of harmful substances from a ship or a tanker to a point on land
or from a point on land to a ship or tanker or from a bunkering vessel to a ship or a tanker, and
includes any exploration or production platform situated within the prohibited area and used in
prospecting for or the mining of natural oil;

“Oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces
and includes combination carriers and any “chemical tanker" as defined in Annex II of the
present Convention when it is carrying a cargo or part cargo of oil in bulk;

“Once off operation” means any bunkering operation where the operator does not hold a long-
term approval;

“OPL” means Off Port Limits, i.e. outside the Area as defined by Section (2) of the Port Limits
regulations, 2010 as amended for which the National Port Authority is responsible;

“Owner” in relation to a ship or a tanker, means the person or persons registered as the owner
of such ship or tanker or, in the absence of registration, the person or persons to whom such
ship or tanker belongs, but, in relation to a ship or tanker belonging to a state which is operated
by a person registered as the ship's or tanker's operator, “owner” means the person so
registered;

“PiC” means a Person in Charge with adequate qualification and experience, appointed by the
bunker operator, who is responsible for the oversight on board of bunkering operations and to
manage any risks relating to the safety of the transfer operation and prevention of pollution;

“Port” means any of the ports of Richards Bay, Durban, East London, Port of Ngqura, Port
Elizabeth, Mossel Bay, Cape Town, Saldanha Bay, Port Nolloth or a port which has been
determined as such in terms of section 10(2) of the National Ports Act 2005 (Act 12 of 2005);

“Ports Act” means the National Ports Act 2005 (Act 12 of 2005);

“Principal Officer” means the officer in charge of the office of the Authority at a port;

“Prohibited area” means the internal waters, the territorial waters and the exclusive economic
zone and, in relation to an offshore installation, includes the sea within the limits of the
continental shelf;

“PSCI” means the Port State Control Inspection of foreign ships in national ports to verify that
the condition of the ship and its equipment comply with the requirements of international
regulations and that the ship is manned and operated in compliance with requirements of the
various conventions. A PSCI is carried out by a “PSCO” duly appointed by the Authority;

“PSCO” means a Port State Control Officer, duly appointed by the authority to carry out port
state control inspections, in compliance with the provisions of a Memorandum of
Understanding (MoU). South Africa is a member of two MoU’s viz, Indian Ocean Memorandum
of Understanding (IOMoU) and Abuja Memorandum of Understanding (Abuja MoU);

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“Receiving ship” means a vessel that is receiving gaseous or liquid products consisting of gas,
chemicals or oil;

“Recognised Organization” (RO) means an organization authorised by an Administration to

carry out surveys and issue or endorse Statutory Certificates on behalf of the flag State and
complies with the Code for Recognized Organizations (RO Code) adopted by resolutions
MEPC.237(65) and MSC.349(92);

“Ship” means any kind of vessel or other sea-borne object from which oil can be discharged,
excluding a tanker, whether or not such vessel or object has been lost or abandoned, has
stranded, is in distress, disabled or damaged, has been wrecked, has broken up or has sunk;

“Ship to Ship Operations” (STS operations) means the transfer of liquid bulk cargo from one
vessel to another, also known as “Lightering”. There is no distinction between “Lightering” and
STS operations. Normal bunkering operations are not considered as STS operations. Approval
to conduct STS operations are granted in compliance with the STS Transfer Code of Practice;

“Ships fuel” means any kind of fuel used for the propulsion and auxiliary machinery of a ship
in which such fuel is carried. It could include Oil, LNG, Methanol, etc;

“Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases” means the latest
edition of the Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases,
Published by the Chemical Distribution Institute (CDI), the International Chamber of Shipping
(ICS), the Oil Companies International Marine Forum (OCIMF) and the Society of International
Gas Tanker and Terminal Operators (SIGGTO);

“Storage Vessel” means the SAMSA approved Bunker Operator’s Storage or “Mother” vessel,
anchored at a designated place for which permission has been granted. These vessels may
receive a bulk transfer of ships fuel as cargo, from an inbound vessel by an STS operation or
collect such cargo from elsewhere. The Storage vessel then delivers ships fuel to Bunker
Barges for onward bunkering of vessels;

“STS operator” means the person or enterprise responsible for guidance and supervision STS
operations, where approval has been granted for conducting STS operations in compliance
with the STS Transfer Code of Practice;

“Supplying ship” means a vessel that is supplying gaseous or liquid products consisting of gas,
chemicals or oil;

“Tanker” means any seagoing vessel of any type whatsoever, actually carrying oil in bulk as
cargo and in respect of which the provisions of the Convention are applicable;

“TNPA” means Transnet National Ports Authority, established through the National Ports Act,
No 12 of 2005.

7. APPLICATION

This Code applies to all bunkering operations within the internal waters, territorial waters and
exclusive economic zone of the Republic.

8. SCOPE

This code caters for the following operations, subject to obtaining a licence and approval, as
applicable:

1) Oil fuel bunkering operations inside and outside a port;

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 2) LNG bunkering operations inside and outside a port;

Requirements to obtain approval for each of the above-mentioned operations is detailed in the
following Chapters and Annex 1. Annex 6 details the requirements for obtaining a licence from
TNPA.

In order to conduct long-term Bunkering operations, an operator shall obtain the following:

1) A letter of approval from SAMSA; and

2) A licence from the TNPA for operations, if within port limits.

If any one of the above approval or licence is withdrawn, the operator will not be allowed to
operate.

This Code does not deal with the requirements of MARPOL Annex VI, with regards to fuel
quality. The bunker operator is responsible to ensure quality of fuel ordered is supplied in
accordance with Regulation 18 of MARPOL Annex VI and in compliance with Regulation 14,
as applicable.

This Bunkering Code of Practice provides guidance on the transfer of ships fuel from the
supplying vessel to the fuel tanks of the receiving vessel, whilst anchored or underway,
designated offshore locations or inside a port and includes documentation, communications,
safety and equipment requirements, emergency preparedness and cargo safety criteria.

All Bunker Operators in these locations utilizing a Storage Vessel must satisfy the
requirements for the Issue of an approval as outlined in the Ship to Ship Code of Practice to
conduct transfers between the Storage Vessel and the Bunker barge.

This Code is intended to supplement the ISGOTT, the Ship to Ship Transfer Guide and
MARPOL, as applicable.

9. LEGISLATION

.1 IMO INSTRUMENTS

This section refers to all conventions and not necessarily a convention that South Africa
has acceded to.

Conventions

i) MARPOL Convention

Annex I – Regulations for the Prevention of Pollution by Oil, of the MARPOL convention,
entered into force on 02 October 1983. The regulations define the requirements for the
operation, construction and equipment of tankers larger than 150 GRT and other ships
larger than 400 GRT, the annex also deals with control of discharge of oil by stipulating
the conditions under which ships may discharge water/oil mixtures into the sea. The
construction requirements include those to minimise the chances of oil cargo tank
penetration in the event of damage, i.e. double hull construction and protective location
of segregated ballast tanks. Requirements for minimising oil pollution from oil tankers
in the event of side and/ or bottom damages penetrating the cargo oil tanks are also
included. It must be noted that only the cargo tanks are protected by double hull, ships

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 own fuel tanks in the engine room are not protected against damage and are at risk of
being damaged during bunkering mooring operations.

Records of all bunkering operations shall be recorded in the Oil Record Book and are
to be retained on board for a period of not less than three years.

ii) Safety of Life at Sea Convention (SOLAS)

SOLAS 1974 convention entered into force on 25 May 1980. The main objective of the
SOLAS Convention is to specify minimum standards for the construction, equipment
and operation of ships, compatible with their safety. Flag States are responsible for
ensuring that ships under their flag comply with its requirements, and a number of
certificates are prescribed in the Convention as proof that this has been done. The
current SOLAS Convention includes Articles setting out general obligations,
amendment procedure and so on, followed by an Annex divided into 14 Chapters.

Chapter VII - Carriage of dangerous goods. The regulations in this chapter are in five
parts and deal with:

Part A - Carriage of dangerous goods in packaged form.

Part A-1 - Carriage of dangerous goods in solid form in bulk.

Part B covers Construction and equipment of ships carrying dangerous liquid

chemicals in bulk and requires chemical tankers to comply with the International
Bulk Chemical Code (IBC Code).

Part C covers Construction and equipment of ships carrying liquefied gases in bulk
and gas carriers to comply with the requirements of the International Gas Carrier
Code (IGC Code).

Part D includes special requirements for the carriage of packaged irradiated nuclear
fuel, plutonium and high-level radioactive wastes on board ships.

iii) International Convention on Civil Liability for Oil Pollution Damage (CLC),
replaced by 1992 Protocol

The 1992 protocol was adopted on 27 November 1992 and entered into force on 30
May 1996. The convention was adopted to ensure that adequate compensation is
available to persons who suffer oil pollution damage resulting from maritime casualties
involving oil-carrying ships. The convention places the liability for such damage on the
owner of the ship from which the polluting oil escaped or was discharged.

The Convention requires ships covered by it to maintain insurance or other financial

security in sums equivalent to the owner's total liability for one incident. The convention
applies to all seagoing vessels actually carrying oil in bulk as cargo, but only ships
carrying more than 2,000 tons of oil are required to maintain insurance in respect of oil
pollution damage.*

* The Authority requires that the owner of a vessel carrying no more than 2000 tons of
oil is to maintain insurance or other financial security in sums equivalent to the owner's
total liability for one incident.

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 The Convention covers pollution damage resulting from spills of persistent oils suffered
in the territory (including the territorial sea) of a State Party to the Convention. It is
applicable to ships which actually carry oil in bulk as cargo, i.e. generally laden tankers.
Spills from tankers in ballast or bunker spills from ships other than other than tankers
are not covered, nor is it possible to recover costs when preventive measures are so
successful that no actual spill occurs.

The 1992 protocol also widened the scope of the Convention to cover pollution damage
caused in the exclusive economic zone (EEZ) or equivalent area of a State Party. The
Protocol covers pollution damage as before, but environmental damage compensation
is limited to costs incurred for reasonable measures to reinstate the contaminated
environment. It also allows expenses incurred for preventive measures to be recovered
even when no spill of oil occurs, provided there was grave and imminent threat of
pollution damage.

The Protocol also extended the Convention to cover spills from sea-going vessels
constructed or adapted to carry oil in bulk as cargo so that it applies apply to both laden
and unladen tankers, including spills of bunker oil from such ships.

iv) International Convention on Civil Liability for Bunker Oil Pollution Damage
(BUNKER)

The International Convention on Civil Liability for Bunker Oil Pollution Damage was
adopted on 23 March 2001 and entered into force on 21 November 2008. The
Convention was adopted to ensure that adequate, prompt, and effective
compensation is available to persons who suffer damage caused by spills of oil, when
carried as fuel in ships' bunkers.

The Convention applies to damage caused on the territory, including the territorial sea,
and in exclusive economic zones of States Parties.

The bunkers convention provides a free-standing instrument covering pollution damage

only.

"Pollution damage" means:

(a) loss or damage caused outside the ship by contamination resulting from the
escape or discharge of bunker oil from the ship, wherever such escape or
discharge may occur, provided that compensation for impairment of the
environment other than loss of profit from such impairment shall be limited to
costs of reasonable measures of reinstatement actually undertaken or to be
undertaken; and

(b) the costs of preventive measures and further loss or damage caused by
preventive measures.

The convention is modelled on the International Convention on Civil Liability for Oil
Pollution Damage, 1969. As with that convention, a key requirement in the bunker
convention is the need for the registered owner of a vessel to maintain compulsory
insurance cover.

Another key provision is the requirement for direct action - this would allow a claim for
compensation for pollution damage to be brought directly against an insurer. The

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 Convention requires ships over 1,000 gross tonnage to maintain insurance or other
financial security, such as the guarantee of a bank or similar financial institution, to
cover the liability of the registered owner for pollution damage in an amount equal to
the limits of liability under the applicable national or international limitation regime, but
in all cases, not exceeding an amount calculated in accordance with the Convention on
Limitation of Liability for Maritime Claims, 1976, as amended.

.2 SOUTH AFRICAN LEGISLATION

Acts

i) South African Maritime Safety Authority Act (Act 5 of 1998)

3 Objectives

The objectives of the Authority are—

(a) to ensure safety of life and property at sea;

(b) to prevent and combat pollution of the marine environment by ships; and

(c) to promote the Republic's maritime interests.

4 Duties

In order to achieve its objectives the Authority must—

(a) administer the laws referred to in section 2(2) and any applicable regulations
made under those laws and not already included therein by definition;

(b) carry out such other duties as are assigned to the Authority by or under any
other law; and

(c) carry out any duty as directed under section 7.

46 Limitation of liability and indemnification of Authority

(1) The Authority, its officers and any person or body acting on its authority are
not liable for any loss or damage suffered by any person by reason of anything
done or not done in good faith in the carrying out of the Authority's duties
referred to in section 4.

ii) Marine Pollution (Civil and Control Liability) Act 1981 (Act 6 of 1981)

Authority's permission required for transfer of certain harmful substances or for

certain other acts in respect of ships or tankers

21. (1) No person shall -

(a) outside a harbour of which Transnet Limited has become the owner in terms
of section 3 of the Legal Succession to the South African Transport Services
Act 9 of 1989, or a fishing harbour as defined in section 1 of the Sea Fishery
Act 12 of 1988, and within the prohibited area, render any ship having oil or
any other prescribed harmful substance on board (whether as cargo or

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 otherwise), or any tanker, incapable of sailing or manoeuvring under its own
power;

(b) within the prohibited area transfer any oil or other prescribed harmful
substance from any ship or tanker to any other ship or tanker or to an offshore
installation or from such offshore installation to any ship or tanker,

except with the permission of the Authority and in accordance with the provisions
of this Act.

(2) In giving its permission for the performance of any act referred to in subsection
(1), the Authority may impose any conditions* subject to which such act shall
be performed, and such conditions may include the obligation to obtain the
services of one or more tugs, spray boats or other vessels to stand by during
a period determined by the Authority.

* The Authority requires all ships to maintain insurance or other financial security, to
cover the liability of the registered owner for pollution damage in an amount equal to
the limits of liability under the applicable national or international limitation regime.

Pollution safety certificate required for operation of offshore installation

24. (1) Subject to the provisions of subsection (2), no person shall operate an offshore
installation unless a pollution safety certificate issued in terms of the provisions
of this section is in force in respect thereof.

(2) No offshore installation which is operated at the date of commencement of this

Act shall continue to be so operated after the expiration of a period of twelve
months as from the said date unless a pollution safety certificate has in terms
of the provisions of this section been issued in respect thereof.

(3) Any person desiring a pollution safety certificate shall in writing apply therefor
to the Authority, and the Authority shall, subject to the provisions of subsection
(4), upon receipt of such an application issue a pollution safety certificate in
the prescribed form in respect of the offshore installation in question, subject
to such conditions relating to the operation of the offshore installation as may
be determined by the Authority and specified in the pollution safety certificate.

(4) No pollution safety certificate shall be issued by the Authority in terms of this
section unless the offshore installation in question complies with such
conditions and requirements relating to the construction and operation thereof
as the Minister may prescribe by regulation.

(5) Any person who -

(a) operates an offshore installation in contravention of the provisions of

subsection (1) or (2);

(b) in operating an offshore installation fails to comply with any condition

specified in the pollution safety certificate in question,

shall be guilty of an offence.

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 iii) Merchant Shipping (Civil Liability Convention) (Act 25 of 2013)

Enactment of 1992 Protocol into law

2. (1) Subject to this Act, the 1992 Protocol has the force of law in the Republic.

(2) The Minister may by notice in the Gazette publish for general information any
changes made to the 1992 Liability Convention under Article 14 or 15 of the 1992
Protocol if those changes are binding on the Republic in terms of section 231 of the
Constitution of the Republic of South Africa, 1996.

(3) For the purposes of this Act, the English text of the 1992 Protocol prevails for the
purposes of interpretation.

Application

10. (1) Subject to subsection (2), this Part applies to every ship that is carrying more
than 2 000 tonnes of oil in bulk as cargo and, where such ship is unregistered, this
Part applies to that ship as if it were registered in the state whose flag the ship is
flying.

(2) This Part does not apply to a Government ship, or other ship operated by a
state, including a ship operated by the Government of the Republic, that is being
used for non-commercial purposes.

Insurance certificates to be carried on certain ships

11. (1) If a ship enters or leaves, or attempts to enter or to leave, a port in the Republic,
or arrives at or leaves, or attempts to arrive at or to leave, a terminal in the territorial
waters of the Republic, without having on board the ship the relevant insurance
certificate that is in force in respect of that ship, the master and the owner of the
ship are both guilty of an offence and liable on conviction to a fine not exceeding
R250 000.

(2) If a ship that is registered in the Republic enters or leaves, or attempts to enter
or to leave, a port in a state other than the Republic, or arrives at or leaves, or
attempts to arrive at or to leave, a terminal in the territorial sea of such a state,
without having on board the ship the relevant insurance certificate that is in force
in respect of that ship, the master and the owner of the ship are both guilty of an
offence and liable on conviction to a fine not exceeding R250 000.

(3) If, otherwise than in circumstances to which subsection (1) applies or, in the
case of a ship registered in the Republic, to which subsection (2) applies, at any
time a relevant insurance certificate is in force in respect of a ship to which this
Part applies and that insurance certificate is not on board that ship, the master and
the owner of the ship are both guilty of an offence and liable on conviction to a fine
not exceeding R20 000.

(4) An officer may require the master or other person in charge of a ship to produce
the relevant insurance certificate that is in force in respect of that ship and, if the
master or other person refuses or fails to produce that insurance certificate to the
officer, he or she is guilty of an offence and liable on conviction to a fine not
exceeding R20 000.

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 (5) If the Authority has reasonable grounds to believe that the master or other
person in charge of a ship is attempting to take the ship out of a port in the Republic
at a time when the ship does not have on board the relevant insurance certificate
that is in force in respect of that ship, the Authority may detain the ship until such
insurance certificate is obtained or produced to the Authority, as the case may be.

(6) If a ship detained at a port in terms of subsection (5) leaves the port before it
has been released from detention, the master and the owner of that ship are both
guilty of an offence and liable on conviction to a fine not exceeding R500 000 or to
imprisonment for a period not exceeding five years, or to both such fine and to
such imprisonment.

(7) For the purposes of this section, a relevant insurance certificate in respect of a
ship is—

(a) if the ship is registered in the Republic and is not a Government ship, a
certificate issued in terms of section 12;

(b) if the ship is registered in a Contracting State and is not a Government

ship, a certificate issued in respect of that ship under a law of the Contracting
State in question giving effect to Article VII of the 1992 Liability Convention;

(c) if the ship is registered in a state that is not a Contracting State and the
ship is not a Government ship, a certificate issued in terms of section 12 or a
certificate that must be regarded as a relevant insurance certificate for the ship
for the purposes of this paragraph in terms of the regulations;

(d) if the ship is owned by the Government of the Republic, a certificate

issued in terms of section 14;

(e) if the ship is owned by the government of a Contracting State, a certificate

issued in respect of that ship under a law of the Contracting State in question
giving effect to Article VII of the 1992 Liability Convention or a certificate of the
kind referred to in section 14(1) issued by the government of that Contracting
State; or

(f) if the ship is owned by the government of a state that is not a Contracting
State, a certificate of the kind referred to in section 14(1) issued by the
government of the state in question or a certificate that must be regarded as a
relevant insurance certificate for the ship for the purposes of this paragraph
prescribed in terms of the regulations.

(8) In this section, ‘‘officer’’ means a person who—

(a) is an officer of customs within the meaning of the Customs and Excise
Act, 1964 (Act No. 91 of 1964);

(b) is a surveyor for the purposes of the Merchant Shipping Act, 1951 (Act
No. 57 of 1951); or

(c) is appointed by the Authority, in writing, to be an officer for the purposes

of this section.

iv) Maritime Zones Act 1994 (Act 15 of 1994)

10 Maritime casualties

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 Notwithstanding this Act or any other law the Republic may, in any area of the sea
or the airspace above the sea, take such measures as are necessary against any
vessel or aircraft in order to protect the coastline of the Republic or related
interests, including fishing, from pollution or any threat of pollution resulting from a
maritime casualty or an act or omission relating to such a casualty and which may
reasonably be expected to result in major harmful consequences.

v) Marine Spatial Planning Act 2018 (Act 16 of 2018)

2 Objects of Act

The objects of the Act are to-

(a) develop and implement a shared marine spatial planning system to manage a
changing environment that can be accessed by all sectors and users of the
ocean;

(b) promote sustainable economic opportunities which contribute to the

development of the South African ocean economy through coordinated and
integrated planning;

(c) conserve the ocean for present and future generations;

(d) facilitate responsible use of the ocean;

(e) provide for the documentation, mapping and understanding of the physical,
chemical and biological ocean processes and opportunities in, and threats to,
the ocean; and

(f) give effect to South Africa’s international obligations in South African waters.

3. Application of Act

(1) This Act applies to marine spatial planning on or in South African waters and
binds all organs of state.

(2) Any right, permit, permission, licence or any other authorisation issued in
terms of any other law must be consistent with the approved marine area
plans.

5. Principles and criteria for marine spatial planning.

(1) The following principles apply to marine spatial planning and should be applied
and considered having regard to the precautionary approach -

(a) The sustainable use, growth and management of the ocean and its
resources;

(b) the identification of economic opportunities which contribute to the

development of the ocean economy;

(c) the promotion of collaboration and responsible use of the ocean through
consultation and cooperation;

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 (d) the advancement of an ecosystem and earth system approach to ocean
management which focuses on maintaining ecosystem structure and
functioning within a marine area;

(e) adaptive management, which takes into account the dynamics of the
ecosystems and the evolution of knowledge and of activities in South
African waters;

(f) the principle of spatial resilience and flexibility;

(g) the promotion of equity between and transformation of sectors;

(h) the reliance on the best available scientific information;

(i) the equitable resolution of conflict scenarios including the implementation

of tradeoffs, relocations and other available resolutions;

(j) the principle of efficiency, whereby decision making procedures are

designed to minimise negative financial, social, economic or
environmental impacts;

(k) the principle of good administration coherent and holistic planning and
management; and

(l) South Africa’s international obligations and crossborder cooperation.

(2) Where there is a conflict between existing uses, developing uses or activities,
maximum coexistence of uses or activities should be preferred wherever
possible but where such coexistence is not possible, the principles in
subsection (1) must be applied to resolve such conflict.

vi) Broad-Based Black Economic Development Act, No 53 of 2003

2. Objectives of Act

The objectives of this Act are to facilitate broad-based black economic

empowerment by-

(a) promoting economic transformation in order to enable meaningful participation

of black people in the economy;

(b) achieving a substantial change in the racial composition of ownership and

management structures and in the skilled occupations of existing and new
enterprises;

(c) increasing the extent to which communities, workers, cooperatives and other
collective enterprises own and manage existing and new enterprises and
increasing their access to economic activities, infrastructure and skills training;

(d) increasing the extent to which black women own and manage existing and
new enterprises, and increasing their access to economic activities,
infrastructure and skills training;

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 (e) promoting investment programmes that lead to broad-based and meaningful
participation in the economy by black people in order to achieve sustainable
development and general prosperity;

(f) empowering rural and local communities by enabling access to economic

activities, land, infrastructure, ownership and skills;

(g) promoting access to finance for black start-ups, small, medium and micro
enterprises, co-operatives and black entrepreneurs, including those in the
informal business sector; and

(h) increasing effective economic participation and black owned and managed
enterprises, including small, medium and micro enterprises and co-operatives
and enhancing their access to financial and non-financial support.

9. Codes of good practice

(1) In order to promote the purposes of the Act, the Minister may by notice in the
Gazette issue codes of good practice on black economic empowerment that
may include-

(a) the further interpretation and definition of broad-based black economic

empowerment and the interpretation and definition of different categories
of black empowerment entities;

(b) qualification criteria for preferential purposes for procurement and other
economic activities;

(c) indicators to measure broad-based black economic empowerment;

(d) the weighting to be attached to broad-based black economic

empowerment indicators referred to in paragraph (c);

(e) guidelines for stakeholders in the relevant sectors of the economy to draw
up transformation charters and codes of good practice for their sector; and

(f) any other matter necessary to achieve the objectives of this Act.

(2) A strategy issued by the Minister in terms of section 11 must be taken into
account in preparing any code of good practice.

(3) A code of good practice issued in terms of subsection (1) may specify-

(a) targets consistent with the objectives of this Act; and

(b) the period within which those targets must be achieved.

(4) In order to promote the achievement of equality of women, as provided for in

section 9 (2) of the Constitution, a code of good practice issued in terms of
subsection (1) and any targets specified in a code of good practice in terms of
subsection (3), may distinguish between black men and black women.

(5) The Minister must, before issuing, replacing or amending a code of good
practice in terms of subsection (1)—

(a) publish the draft code of good practice or amendment in the Gazette for
public comment; and

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 (b) grant interested persons a period of at least 60 days to comment on the
draft code of good practice or amendment, as the case may be.

(6) If requested to do so, the Minister may by notice in the Gazette permit organs
of state or public entities to specify qualification criteria for procurement and
other economic activities which exceed those set by the Minister in terms of
subsection (1).

(7) A code of good practice remains in effect until amended, replaced or repealed.

10. Status of codes of good practice

(1) Every organ of state and public entity must apply any relevant code of good
practice issued in terms of this Act in-

(a) determining qualification criteria for the issuing of licences, concessions

or other authorisations in respect of economic activity in terms of any law;

(b) developing and implementing a preferential procurement policy;

(c) determining qualification criteria for the sale of state-owned enterprises;

(d) developing criteria for entering into partnerships with the private sector;
and

(e) determining criteria for the awarding of incentives, grants and investment
schemes in support of broad-based black economic empowerment.

(2) (a) The Minister may, after consultation with the relevant organ of state or
public entity, exempt the organ of state or public entity from a requirement
contained in subsection (1) or allow a deviation therefrom if particular
objectively verifiable facts or circumstances applicable to the organ of state or
public entity necessitate an exemption or deviation.

(b) The Minister must publish the notice of exemption or deviation in the
Gazette.

(3) Subject to section 9 (6), an enterprise in a sector in respect of which the

Minister has issued a sector code of good practice in terms of section 9, may
only be measured for compliance with the requirements of broad-based black
economic empowerment in accordance with that code.

(4) Enterprises operating in a sector in respect of which the Minister has issued a
sector code of good practice in terms of section 9, must report annually on
their compliance with broad-based black economic empowerment to the
sector council which may have been established for that sector.

vii) National Ports Act, No 12 of 2005

57. Licence regarding port services and facilities.-

(1) Unless an agreement contemplated in section 56 has been concluded, no

person other than the Authority may provide a port service or operate a port
facility otherwise than in terms of a licence issued under this section.

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 (2) Any person may, subject to the provisions of this Act, apply to the Authority for
a licence.

(3) Any application for a licence must be lodged in the prescribed manner and in
accordance with an invitation issued by the Authority by notice in the Gazette.

(4) The Authority must, in an invitation contemplated in subsection (3), specify-

(a) the kind of service in respect of which applications are invited;

(b) the form in which applications must be submitted, including any fee
payable upon submission of an application;

(c) the manner in which it is contemplated that the service must be provided;

(d) the place where and times when any application form or relevant
document may be obtained from the Authority; and

(e) the period within which such applications must be lodged.

(5) The Authority may require an applicant for a licence, at the applicant’s
expense, to furnish the Authority, within the period specified by it, with such
further information as may be necessary in order to consider the application.

(6) Within six weeks after receiving an application in accordance with subsection
(2), the Authority must—

(a) issue a licence subject to specified terms and conditions; or

(b) refuse to issue a licence and give written reasons for such refusal.

(7) (a) The Authority may exempt a person from having to obtain a licence in terms
of this Act if-

(i) an agreement contemplated in section 11 (3) has been concluded; and

(ii) the Authority is satisfied that the activities of the person concerned are, for
purposes of this Act, sufficiently regulated by the other statutory body or organ
of state contemplated in that section.

(b) An exemption contemplated in paragraph (a) may be made subject to such

conditions, authorised by this Act, as the Authority may deem fit.

62. Duties of licensed operators.—

(1) A licensed operator must-

(a) provide the port services and operate the port facilities specified in its
licence;

(b) comply with this Act and any other law;

(c) meet the performance standards specified in its licence; and

(d) provide reliable, efficient and economical port services and facilities to
port users in accordance with the conditions of the licence granted to it.

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 (2) Every licensed operator must-

(a) within three months after the end of each financial year, submit to the
Authority a report of its licensed operations during that financial year,
including-

(i) the quality and level of its service in the financial year under review;

(ii) its compliance with the terms and conditions of its licence, this Act
and the regulations;

(iii) steps taken to eliminate anti-competitive and discriminatory practices;

(iv) its audited annual financial statements;

(v) the quality and level of performance with regard to such

environmental criteria and social responsibility requirements as may
be set by the Authority or required by other national legislation; and

(b) from time to time, and where applicable, submit to the Authority—

(i) such statistical information relating to its licensed operations as may

reasonably be required by the Authority;

(ii) its cargo forecast over the period and in the form determined by the
Authority; and

(iii) future development plans relating to any service or facility which it is

obliged to provide under the conditions of its licence.

(3) The Authority may require a licensed operator, at the operator’s cost, to submit
such additional information as may be necessary to explain or amplify any
report or information submitted by the licensed operator in terms of subsection
(2).

(4) Any information required by the Authority in terms of subsection (3) must be
lodged by the licensed operator within the period and in the manner
determined by the Authority.

(5) A licensed operator must, within 24 hours of its occurrence or discovery, inform
the Authority of—

(a) any change in the control of the licensed operator;

(b) any industrial dispute between the licensed operator and its employees;

(c) any industrial accident or disaster involving any employee or agent of the
licensed operator;

(d) any occurrence of fire within its premises within the port;

(e) any theft or pilferage within its premises or any theft or pilferage involving
any cargo in its possession or control;

(f) any proceedings or claim instituted or made against the licensed operator
which could materially affect its ability to perform any obligation or to
comply with any term or condition of its licence; and

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 (g) any spillage or pollution that may have an impact on the environment.

69. Protection of environment.-

(1) The Authority must in the performance of its functions ensure that a fair and
reasonable balance is achieved between the protection of the environment
and the establishment, development and maintenance of ports.

(2) (a) The Authority must ensure that sustainable and transparent port planning
processes are undertaken when formulating any port development framework.

(b) When undertaking any port planning process, the Authority must ensure
that stakeholders are consulted and that all relevant biophysical and economic
aspects are taken into account.

Regulations

i) Regulations under the Prevention and Combating of Pollution of the Sea by

Oil Act 1984

Note: Para 5 of GNR1613/18457/5Dec1997 substitutes "the Marine Pollution (Control and Civil
Liability) Act" for "the Prevention and Combating of Pollution of the Sea by Oil Act". In terms of
reg 10 of the SAMSA Regulations 1998, references to the Minister of Transport, Director-
General: Transport or the Department of Transport must be read as references to the Authority.

Chapter V - Transfer of oil from a ship or tanker to another ship or tanker

Application of chapter

13. The provisions of this Chapter shall not apply to -

(a) a ship, tanker or warship used exclusively in the service of a state for other
than commercial purposes and, in the case of another state, present in the
prohibited area with the consent of the Government of the Republic;

(b) a ship or tanker based in a harbour within the prohibited area and transferring
oil obtained from such harbour into the fuel tanks of another ship or tanker for
the latter's own use;

(c) a ship or tanker to which oil is transferred in the manner referred to in

paragraph (b).

Application for the transfer of oil

14 (1) An application for the transfer of oil from a ship or tanker to another ship or
tanker within the prohibited area shall be addressed to the Minister through
the intercession of the Director-General and must be lodged with the principal
officer at the port nearest to where the transfer operation is to take place.

(2) An application referred to in subregulation (1) shall be in writing and shall

contain the following particulars:

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 (a) The reasons for the transfer operation and a description of the damage, if
any, or the ship or tanker;

(b) the name of the laden ship and the receiver ship, their respective ports of
registry, their official numbers, their gross register tons and drafts. The
names of their owners and the type and quantity of oil to be transferred;

(c) the intended place and date and the estimated duration of the transfer
operation;

(d) the names and addresses of the agents or representatives in the Republic
who will act on behalf of the owner, the cargo owner and the charterer of
the laden ship and the receiver ship;

(e) the name of the Club with which the laden ship and the receiver ship are
entered and the name and address, in the port nearest to the place of
transfer, of the representatives of such Club.

Representing officers

17 (1) The Director-General may designate one or more officers to represent the
Department of Transport for the duration of a transfer operation.

(2) A representing officer shall satisfy himself that such transfer operation is
properly planned and conducted in accordance with these regulations and with
due regard to any condition imposed to prevent a discharge of oil and, in the
event of a discharge of oil, shall inform the masters concerned what measures
to apply and what steps to take so as to control or to disperse the oil
discharged.

(3) A representing officer shall have unhindered access to all working areas on
the laden ship and on the receiver ship and shall be kept informed of all
activities pertaining to such transfer operation.

(4) For the duration of such transfer operation a representing officer shall be
provided with accommodation and meals on board the ship or tanker of his
choice.

Appointment of persons to conduct transfer operation

18 The owners of the ships or tankers concerned shall appoint, subject to the Director-
General's approval, one or more suitably qualified and experienced persons to
conduct the approach, docking and undocking of such ships or tankers, and to co-
ordinate, conduct and supervise the transfer operation.

Precautions prior to and during transfer operation

20 (1) A communication system with English as the language medium shall be

established between essential personnel on board the laden ship and the
receiver ship.

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 (2) A signal, to be made on the whistle or siren of the laden ship or the receiver
ship, shall be agreed upon, to stop any operation in hand, to secure cargo
systems and for the crew to go to emergency stations.

(3) Prior to the commencement of the transfer operation the firefighting equipment
on board both the laden ship and the receiver ship shall be rigged, tested and
made ready for instant use at any place on board or on the sea alongside such
ship and pressure on the water mains shall be maintained during the transfer
operation.

(4) Where an inert-gas system is fitted to the laden ship or the receiver ship, full
operating procedures shall be followed as for normal cargo operation but, in
the event of a failure of such inert-gas system either prior to or during the
transfer operation or prior to or during ballast operations, no such operation
shall commence or continue until the inert-gas system has been restored or
an alternative source of inert-gas has been provided.

(5) The master of a laden ship or receiver ship shall-

(a) not less than 24 hours prior the commencement of the transfer operation,
switch off the hull-impressed current cathodic protection system fitted to
such ship;

(b) plug and render oil-tight scuppers;

(c) provide and keep on board such quantity and type of oil dispersing agent,
such quantity and type of dispersant application equipment and such
quantity and type of oil absorbing material as may be approved by the
Director-General;

(d) cause frequent visual checks to be made of the sea and of the ships or
tankers, the hoses and the pipelines concerned so as to determine
whether any oil is being discharged or is likely to be discharged;

(e) fit drip trays to all places on board where oil can be discharged;

(f) if any oil is being discharged or is likely to be discharged, report such fact
forthwith to the representing officer.

Duties of persons conducting transfer operation

21 A person appointed in terms of regulation 18 shall ensure-

(a) that all flexible hoses to be used in the transfer operation-

(i) are, prior to use, tested for leaks and for pressure not exceeding the
operating pressure specified by the manufacturer thereof;

(ii) are sufficient in total length to provide for movement of the vessels while
docked; and

(iii) do not exceed the bending radii specified by the manufacturer thereof;

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 (b) that the flow rate of the liquid pumped through a flexible hose shall never
exceed the maximum specified by the manufacturer of such hose;

(c) that no ballast water other than ballast water carried in segregated ballast
tanks is discharged into the sea.

ii) Merchant Shipping (Safety Management) Regulations 2003

4 Application

(1) Subject to subregulation (3), these regulations apply -

(a) to every foreign-going ship that is a passenger ship, including a passenger

high-speed craft;

(b) to every oil tanker, chemical tanker, gas carrier, bulk carrier or cargo high-
speed craft of 500 tons or more;

(c) to every other passenger ship and cargo ship of 500 tons or more; and

(d) to every mechanically propelled mobile offshore drilling unit of 500 tons or
more, and so apply to -

(i) South African ships wherever they may be; and

(ii) other ships when in the Republic or its territorial waters.

(2) These regulations apply to every company operating a ship to which these
regulations apply.

(3) These regulations do not apply to –

(a) a ship flying the flag of a State that is not a party to the Safety Convention
by reason of its being in the Republic or its territorial waters if it would not
have been there but for stress of weather or any circumstances that could
not have been prevented by the owner, the master or the charterer (if any);
or

(b) a ship operated by the government of another State and used solely for
non-commercial purposes.

6 Duty to hold certificates

(1) No company may operate a ship unless -

(a) the company holds a valid Document of Compliance covering that type of
ship; and

(b) there is in force in respect of the ship a valid Safety Management

Certificate.

(2) No South African ship may be operated unless—

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 (a) the company holds a valid Document of Compliance covering that type of
ship, issued or accepted by the Authority; and

(b) there is in force in respect of the ship a valid Safety Management

Certificate issued or accepted by the Authority.

(3) For the purposes of this regulation, a Document of Compliance or Safety

Management Certificate is not valid if it has not been endorsed, in accordance
with the ISM Code, to show -

(a) in the case of a Document of Compliance, satisfactory annual audits; and

(b) in the case of a Safety Management Certificate, a satisfactory

intermediate audit.

8 Duty of master

The master of a ship must operate the ship in accordance with the safety
management system on the basis of which the Safety Management Certificate was
issued.

iii) National Ports Regulations, 2007

3. Specific BEE targets to be applied by the Authority.-

(1) In the second, third and fourth years following the commencement of these
Regulations at least twenty-five percent per year of all:

(a) agreements entered into in terms of section 56 of the Act by the Authority;

(b) licences issued in terms of section 57 of the Act by the Authority;

(c) other concessions or authorisations granted in terms of the Act by the

Authority;

(d) sales or leases of any property owned by the Authority within a port; and

(e) any partnerships with the private sector and the Authority,

shall be entered into, issued or granted to persons or entities who have

attained the Broad-based Black Economic Empowerment Status at least a
Level Four Contributor measured in terms of the Codes of Good Practice
issued in terms of section 9 of the BEE Act or an equivalent rating in terms of
the Sector Code if any.

(2) From the fifth year following the commencement of these Regulations at least
seventy-five percent per year of all:

(a) agreements entered into in terms of section 56 of the Act by the Authority;

(b) licences issued in terms of section 57 of the Act by the Authority;

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 (c) other concessions or authorisations granted in terms of the Act by the
Authority;

(d) sales or leases of any property owned by the Authority within a port; and

(e) any partnerships with the private sector and the Authority,

shall be entered into, issued or granted to persons or entities who have

attained the Broad-based Black Economic Empowerment Status of at least a
Level Four Contributor measured in terms of the Codes of Good Practice
issued in terms of section 9 of the BEE Act or an equivalent rating in terms of
the Sector Code if any.

iv) Port Rules, 2009

148. Activities to be licensed or registered.

The Authority may require persons who carry out activities in the ports and at off-
shore cargo-handling facilities to register or apply for a licence. These activities
include-

(a) fire protection and fire equipment installation and maintenance;

(b) bunkering;

(c) pollution control;

(d) diving;

(e) pest control; and

(f) vessel agents.

150. Determination of licences or registration.—

The Authority may determine—

(a) which activities carried out in the ports should be regulated by way of licence
or registration;

(b) the manner in which applications for licences or registrations are to be invited,
assessed and decided;

(c) set out in the Tariff Book, the fees payable for applications for a licence or a
registration, and the licence or registration itself;

(d) the qualifications and other suitable criteria, including security clearances, that
applicants for licence or registration must meet in order to be licensed or
registered;

(e) subject to the Act and these rules, including the powers of the Harbour Master
in terms of section 74 (3) (b), the terms and conditions of the licence or
registration.

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 151. Suspension, withdrawal or cancellation.

The Authority may, on good cause shown, suspend, withdraw or cancel a licence
or registration provided that it has followed a fair procedure before the decision is
taken.

Marine Notices

Marine Notices* are issued by the Authority from time to time. Marine Notices as
applicable to this code are to be complied with. Marine Notices listed below are a non-
exhaustive list of relevant notices, including some not directly related to this code:

1) Marine Notice 6 of 1999 - South African Ship Reporting System (SAFREP).

2) Marine Notice 3 of 2009 - Policy on the use of oil spill dispersants in South
African waters.
3) Marine Notice 2 of 2011 - Amendments to MARPOL Annex I from 1 January
2011.
4) Marine Notice 24 of 2012 - Direct Contact Telephone Number - Cape Town
Radio.
5) Marine Notice 10 of 2016 - Ships Requiring Immobilisation, Lay-Up, Stopping
or Anchoring for repairs, etc. Within South Africa’s Territorial Waters or Internal
Waters, Outside Harbours or Fishing Harbours.
6) Marine Notice 12 of 2017 - Heeding of Marine Weather Forecasts.
7) Marine Notice 13 of 2017 - Vessels Requiring a Place of Refuge for Repairs.
8) Marine Notice 55 of 2020 - Reporting of oil spills and shipping casualties
threatening pollution. (This Marine Notice is updated regularly and the latest
notice to be obtained from SAMSA’s website)

* The above list of Marine Notices is valid at the time of publishing this Code. Refer to
SAMSA’s website for any updated notices and new notices related to this code.

10. RESPONSIBILITIES AND ACCOUNTABILITIES

SAMSA is the primary Authority for the implementation of this Code, shall put such processes
as it deems it necessary for its execution.

SAMSA has the following responsibilities & authority in relation to this Code;
1. Assessing all applications made for conducting bunkering Operations, once-off or
otherwise, and granting or denying the permission thereof;
2. Prohibiting operations, even when previously permitted, on the grounds of Safety or
the Protection of the Environment and where agreed upon procedures are not followed;
3. To keep this code revised and updated, in consultation with interested parties.
However, SAMSA may update the Code without consultation on the following grounds
- provided they bring those to the attention of interested parties at the soonest possible
time thereafter:
a. where the Code has been found to be insufficient to prevent pollution or reduce
dangers;
b. where there's evidence of requirements of the Code results in dangerous
situations;
4. Inspecting vessels engaging in the first bunkering in the Republic; and
5. Conducting public workshops and consultations on the implementation of this Code.

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In addition, see Annex 6 for requirements and responsibilities of TNPA.

11. LOCATIONS (DESIGNATED BUNKER TRANSFER AREAS)

.1 Permanent Locations

Algoa Bay is approved as a suitable Transfer Area for long-term Bunker operations along
the South African coast by both SAMSA and TNPA.

Map of Algoa Bay Bunkering Area

Additional designated Transfer Areas may be considered in the future; however, any
transfer areas must serve as the embodiment of economic growth, development and
transformation of South Africa’s maritime transport sector and support the well-being of
the people of South Africa. All identified Transfer Areas will be approved and designated
as such subject to any prescribed marine sector plans.

For the avoidance of doubt your attention is drawn to Section 3 (2) of the Marine Spatial
Planning Act, 2018 which provides as follows;

(2) Any right, permit, permission, licence or any other authorisation issued in terms of any
other law must be consistent with the approved marine area plans.

Designated Transfer Areas are subject to review every five (5) years from the date of
approval to establish the economic contribution to South Africa’ maritime economy;
balanced against the environmental risks associated with pollution and other marine
activities. The purpose of this assessment is to balance economic value against the need
to protect the marine environment, inland waters, estuaries, marine species, seabirds and
other activities such as tourism and fishing.

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 The number of operators in each Transfer Area may be restricted based on the vessel
traffic system in use, vessel holding capacity of the area and any associated and emerging
risks.

The Authority reserves the right to impose certain conditions for the efficient and safe
conduct of the operations or refuse any bunkering operations and will provide details for
declining such approval. Upon obtaining an approval from the Authority, the operator will
then need to obtain a licence from TNPA for operations within port limits as detailed in
Annex 6 and comply with the requirements of DFFE in consultation via TNPA.

Local restrictions such as towage capability, weather conditions shall be taken into
consideration during the approval stage.

.2 Case by Case

Bunkering operations outside a port, will be considered on a case by case basis at the
ports of Cape Town and Saldanha Bay by the PO, with certain conditions to be imposed
as deemed necessary for a safe and efficient operation.

The application and documents are to be submitted to the relevant Authorities, with
compelling reasons why the bunkering operation cannot be conducted in port - commercial
reasons are not compelling. Vessels design, structural damage, vessel unable to enter
local port due to draft restrictions are reasons that may be considered.

The Authority may refuse permission to conduct the bunkering operation and will provide
written reasons for declining such approval.

Written permission to conduct any once off bunkering operation must be obtained from
TNPA, when such operations are conducted inside a port or within port operations limit for
all operations outside a port.

Local restrictions such as towage capability, weather conditions shall be taken into
consideration during the approval stage.

.3 In Port

Bunkering operations in port will be approved on a permanent basis upon application and
submission of documents. The operator will in addition need to obtain a license to operate
from TNPA as detailed in Annex 6.

Applications to conduct once off bunkering operations in port will be dealt with on a case
by case basis by the Principal Officer, upon submission of an application and relevant
documentation as detailed in Annex 2, at least five working days in advance of the
intended operation. Written permission must also be obtained from TNPA to conduct
bunkering operations in port.

Bunker operators may submit an application for long-term approval to conduct Bunkering
operations within a port to the Authority for approval, subject to applicable requirements
detailed in Section 12 to 15 as applicable, being submitted and approved. The operator
will also need to obtain an approval/licence from TNPA.

.4 Marine Protected Areas

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 No bunkering operations is permitted within a Marine Protected Area as declared under
the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003).

.5 Assessment of Locations

Assessment of locations to conduct bunkering operations will be based on submission of

documents, including but not limited to, suitability assessment, comprehensive risk
assessment, environmental impact assessment, oil spill modelling (if applicable),
capability and readiness of response and recovery to spills and operators standard
operating procedures.

The assessment criteria should include the towing capability of TNPA tugs, or the
availability of a tug permanently stationed at that port or location, for cases of emergency.

.6 Criteria

The following criteria must be complied with:

1. The bunker operator must be a South African Company, with Level 4 BBBEE or
higher;
2. Undertake to flag vessels employed in bunkering operations in South African
waters within one year of commencing operations;
3. Employ and train South African officers and crew on board such vessels.

12. APPROVAL PROCESS

.1 Application for a long-term approval

The approval process will be done in two parts. One dealing with technical matters and
the other with economic value and assessment. Application form for the approval of Long-
term Bunkering Operations is contained in Annex 5.

.1 Technical approval

The technical approval procedure follows a three-phase process where at each stage
the necessary criteria of the application process must be met, prior to proceeding to
the next phase. The bunker operator must have legal status in the Republic of South
Africa and shall have an office based in the port where operations are intended to be
carried out, who shall employ a locally based Technical Manager and appoint a local
shipping agent.

Phase 1 of the application process

The company submits a completed application form provided in Annex 5, indicating

an expression of interest to the Authority, together with a comprehensive profile of
experience and expertise of the operator.

Where a South African company who is a new entrant to the sector expresses interest,
they must ensure that they employ suitable experienced partners and/or employees
with requisite experience and technical skills.

If applicants fail to meet the required criteria/standards during phase 1 of the

application process, then the process is terminated.

Phase 2 of the application process

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 This phase of the application process is the paperwork (documentation) verification
and is based on the documents submitted as detailed in the next section.

In order to move into Phase 3 of the process, potential operators should ensure that
the following minimum submissions are of a high-quality standard, valid, detailed and
covering all aspects of the operation:

1. Vessel Certificates, in particular:

a. Certificate of insurance or other financial security in respect of civil liability
for oil pollution damage.
b. Certificate of insurance or other financial security in respect of civil liability
for bunker oil pollution damage (if applicable to flag state).
c. Certificate of insurance or other financial security in respect of liability for the
removal of wrecks.
d. Protection and Indemnity Insurance.
e. International Oil Pollution Prevention (IOPP) Certificate, in particular Form B.
f. Safety Management Certificate + Document of Compliance.
g. Minimum safe manning document.
h. International Ballast Water Management Certificate (if applicable to flag
state).
2. Onboard plans:
a. Shipboard Oil Pollution Emergency Plan.
b. Garbage Management Plan.
c. Emergency Towing Procedure.
d. Bunker Operation Plan and Records of Bunkering Operations.
3. Operator Environmental Risk and Environmental Management Plan.
4. Maritime Industry Development Plan
5. TNPA Bunker License, including the terms & conditions within.
6. Other Standard Operating Procedures.
7. Port State Control Inspection records.
8. Tanker Q88 Form.
9. SIRE Inspections.
10. Standard of approved bunker hoses and quick disconnect connections.
11. Operational experience of shore-based and sea-going personnel.
12. Full declaration of previous oil spills.
13. Letter of Guarantee related to oil spills.
14. Commitment to change flag states to South Africa.

The operator Environmental Risk and Environmental Management Plan should be

assessed by DFFE and acceptable for use by TNPA.

The bunker vessel must be flagged under the South African Flag and employ All South
Africans on board.

Phase 3 of the application process

This phase of the application process is the physical assessment of the operation.
The audit of SOP’s, vessel inspection, certification and qualification of personnel will
be conducted during the initial bunkering operation by a SAMSA surveyor.

All costs in attending the vessel to conduct such an assessment will be for the
operators account.

The Company will have to appoint a Spill Response service provider, who is vetted
and approved by the Authority.

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 A Tier 2 Oil Spill drill/exercise must be planned and undertaken during the first
bunkering operation. The drill is monitored and vetted by the Authority and other
relevant stakeholders, i.e. TNPA and DFFE.

The Authority reserves the right to refuse any bunkering operation.

It must be noted that even though the bunker operator obtains an approval to conduct
bunkering operations on a long-term basis or whether the bunker operation is a once
off basis, each individual operation must also be approved by SAMSA.

All expenses for pilotage services, tugs and berthing/anchoring will be for the account
of the owner of the vessel requesting bunkers (receiving vessel).

.2 Economic value assessment

There is increasing recognition that in order to justify an operation, the economic value
to the country must be weighed against the potential for damaging the marine
environment, marine species and seabirds. As a result, it is imperative to review the
benefit to South Africa’s marine economy and meaningful transformation of the
industry by evaluating:

1. Development and growth of support services within the area

2. Employment of shore-based and sea-based South Africans
3. Meaningful Skills Development programs
4. Financial Investment within the area

.2 Submission of Application

The duly completed application form provided in Annex 5 must be submitted to the
Principal Officer under whose jurisdiction the bunkering operation in intended to be carried
out.

.3 Fees Payable

An approval charge will be raised, based on Regulation 65 of the Determination of

Charges Regulations, as amended.

.4 Levies Payable

All vessels calling South African ports are required to pay levies to SAMSA. Generally,
levies are collected by TNPA on behalf of SAMSA for vessels that call into ports. However,
vessels that call for receiving bunkers outside the realms of TNPA, will be required to pay
levies as detailed in the latest Gazetted notice of the “Determination of Levies” as
promulgated by the Minister of the Department of Transport. The vessels agent is
responsible for the payment of levies to SAMSA, prior to any approval being granted.

In addition to the levies, fees are payable for approving each operation as detailed above.

.5 Insurance

The bunker operator shall have adequate insurance cover from a member of the
Iinternational Group of P&I Clubs in place for any eventualities including but not limited to
those costs over and above any limitations of the cover by the vessels involved for cleanup

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 costs, civil claims, rehabilitation of mammals/marine species or any other species effected
and attendance costs for the various government departments involved. Notwithstanding
the above any vessel engaged in bunkering operation shall maintain such insurance or
other financial security as prescribed by the Merchant Shipping (Civil Liability Convention)
Act 25 of 2013.

.6 Approval

The granting or renewal of permission to conduct bunkering operations by the Competent

Authority is conditional on strict compliance with this Code by an operator wishing to obtain
or renew a long-term bunkering approval.

Bunker operators, ship’s crew and any other parties that have interests in the bunker
operation shall not engage in any unethical, fraudulent or other illegal practices. The
bunker operator’s approval shall be revoked immediately pending the outcome of such
investigation. In the event of any inducement to participate in such activities, it should
immediately be reported to the Authority.

Bunker Operators, Ship’s Officers and Bunker Person in charge shall comply with all safe
working practices, at all times during the Bunkering operation by acting responsibly and
professionally. It is important to note that this Code does not alter any obligations of Ship
Owners, Ship’s Officers and Bunker Operators, who must at all times observe all relevant
International and other safety standards and applicable laws and regulations.

.7 Duration

1) The approval to conduct bunkering operations shall be valid for a period not exceeding
five (5) years;
2) There shall be annual audit to ensure compliance with the requirements of this code;
3) There shall be an Intermediate evaluation/review between the second and third
anniversary of the approval, covering both operational aspects and economic value;
4) Any approved bunkering operation may be subject to ad hoc audits at any given time
during the validity of the approval; and
5) The approved bunker operator shall apply for renewal of their approval at least six
months before the expiry of the approval to ensure continuity.

.8 Responsibility of the operator

Conducting bunkering operations systematically and carefully in accordance with the

requirements contained in this Code and recommendations contained in International
publications/ regulations, namely ISGOTT and the Ship to Ship Transfer Guide, should
ensure that such operations are conducted in a safe manner.

Bunker operators and ship’s crew shall comply with all safe working practices at all times
during the bunker operation, by acting responsibly and professionally. It is important to
note that this Code does not alter any obligations of ship owners, ship’s crew and bunker
operators, who must at all times observe all relevant International and other safety
standards and applicable laws and regulations.

The bunker operator, Person in Charge and Vessel Masters accept responsibility for
compliance with this code and the requirement to report any non-compliance, incidents of
any nature, potential identified risks/hazards and any incident/matter that could potentially
harm the marine environment, safety of personnel and ship. The operator shall take steps
to deal with the risks/hazards in line with HIRA process, taking into account the human
element, management and system failures.

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.9 Existing Operators

Existing operators and those who have already been granted an approval, will need to
comply with the requirements of this code within 6 months of this code coming into effect.

A complete set of documents will need to be submitted to evaluate compliance with this
code.

Failure to comply with the requirements of this code within 6 months, the Authority will
revoke any previously granted approval.

The Authority reserves the right to withdraw any previous approval for non-
compliance/resubmission in adherence to this code.

.10 Withdrawal of Approval

In the event that the Authority considers that any bunker operator has failed to comply with
the requirements of this Code, it will suspend that operator’s bunkering approval
immediately.

The Authority will immediately suspend any operation, if it poses harm to the marine
environment or safety of the vessel, its crew or cargo.

The operator will have 30 days to rectify deficiencies that relates to the revocation and put
control measures in place to prevent a reoccurrence in the future.

The operator’s approval will be revoked if the operator fails to comply within 30 days.

An operator may appeal the revocation to the CEO of SAMSA within 3 months of the
approval being suspended.

The CEO may consult with other government stakeholders prior to making the final
decision.

TNPA should withdraw their licence/authorisation, if the operator does not comply with
requirements of this code as per their procedures, covered in Annex 6.

13. OPERATIONAL REQUIREMENTS

.1 Bunkering Operation Suitability Assessment

A comprehensive bunkering operation suitability assessment covering the entire

bunkering operation shall be formulated and submitted as part of the approval process.
The assessment shall include but not be limited to the following items:

Ship Acceptance Criteria

Vessels over 15 years of age will not be accepted for conducting bunkering operations,
this applies to the supplying vessel. Receiving vessels will be vetted upon submission of
application prior to any bunker operation and approval for bunkering granted. Bunker
Vessel must have undergone a SIRE vetting inspection within the last 6 months and last
three SIRE reports submitted. The ship operator must have completed the Tanker
Management Self-Assessment (TMSA).

Officers and crew must have experience in off shore bunkering operations.

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 The company SMS must include bunkering operations and guidelines, roles,
responsibilities and reporting mechanisms included.

Ship Compatibility

The safety of bunkering operations depends significantly upon the dimensional

compatibility and design features of the bunkering vessel.

Vessels with high windage area (eg Car Carriers), semi submersibles, vessel with high
flare and little parallel body length and where the bunker tanker is longer than the receiving
vessel (fishing vessels, etc.) will not be permitted to be bunker outside a port or at off port
limits.

Reference is made to the Ship to Ship Transfer Guide Chapters 8 and 9, for guidance and
compliance, as applicable.

Bunker operators must ensure that receiving ship is compatible in design and equipment,
comply with various industry recommendations and that mooring operations, hose
handling and communications can be conducted safely and efficiently.

Cargo Handling Compatibility

Another important aspect of safe bunkering operations is the cargo handling compatibility
of the vessels involved, This includes, size, number and location of the bunker manifolds
to be used, the minimum/maximum expected heights of the manifold, the possible
differences in freeboard during all stages of the transfer, the hose supports, pumping rate,
the minimum pumping rate of the discharging vessel is well within the maximum loading
rate of the receiving vessel and other cargo handling related equipment and conditions.

Mooring Arrangement Plan

A detailed plan showing the mooring arrangements of the supplying vessel, must be
prepared and submitted. It is essential that supplying vessel is provided with good quality
mooring lines and in good condition, adequate number of mooring bitts and closed
fairleads of sufficient strength, efficient winches and preferably all mooring lines are
provided on winch drums.

The plan should include details of the mooring sequence and utilisation of closed fairleads.
Closed leads shall be utilised for all moorings. Mooring bitts of sufficient strength should
be located near all enclosed fairleads to receive mooring rope eyes. Wire ropes, if utilised,
must be provided with suitable synthetic mooring tail. Mixed moorings, consisting of
different materials of mooring lines in the same service is not permitted. Due consideration
should be given to the importance of avoiding mixed moorings passing through the same
lead to avoid chaffing.

The OCIMF, Mooring Equipment Guidelines, latest edition (at the time of publication of
this code the Fourth Edition 2018 (MEG4) was the latest version), should be consulted
and applied as applicable.

Equipment

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 All equipment required for the safe operation of the bunkering operation shall be in good
working order, including but not limited to hoses and fenders. Usually the supplying vessel
is fitted with a hard arm and string/stings of flexible hose or a string of hoses supported by
a crane and fenders pre rigged for the bunker operation.

Fenders are used to keep vessels apart during transfer operations and to prevent contact
during mooring and unmooring. Fenders shall be of adequate in size and number and
appropriately positioned. Primary fenders should be placed between the hulls to provide
protection and separation while the vessels are moored together. Secondary fenders
should be positioned at the shoulder and quarter to shield the areas that are most exposed
to contact damage during manoeuvring operations. Fenders should not be more 10 years
old. Fenders should be constructed in accordance with ISO 17357 standard and fitted with
safety valves that have been inspected and certified within the last two years. Every fender
used in bunkering operations must have a manufacturers certificate for compliance with
ISO standard and test certificates showing date of last inspection and test of the safety
valves.

Fenders must be inspected regularly during the cargo transfer operation and fender
moorings tended to as required.

Quick disconnect connections shall be utilised to disconnect the cargo hoses in the event
of an incident for operations outside a port.

Hoses shall be of sound construction and conform to the requirements as laid down in the
Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases.

Hoses shall be tested annually, by a certified testing firm. Operators with their own
technical engineering department to test hoses internally must be certificated by the Hose
Manufacturer to conduct certified pressure tested. To approve internal testing, the first test
must be witnessed by SAMSA.

Hoses shall be inspected visually prior to each operation and withdrawn from service if,
any damage is noted (e.g. blisters, delamination, kinking or end fittings for signs of
damage, slippage or misalignment, etc.).

No extension of annual hose tests will be considered unless there are exceptional
circumstances. Commercial considerations will not be accepted as a reason for an
extension request. Operators are requested to plan hose tests well in advance to avoid
disappointment.

Ships Particulars

An updated Q88 document is to be submitted together with the application. Additionally,

the last three SIRE vetting inspection reports must be submitted.

Tank Capacity Plan

Tank capacity plan for the supplying vessel is to be submitted with the application during
the approval stage.

.2 Safety and Pollution Vessel

All bunkering operations must have a designated vessel on standby for rapid on scene
response during bunkering operations. The operator is to identify the role of the standby

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 vessel and ensure suitability of the vessel, including the bollard pull. The authority will
determine the suitability of such vessel for the intended operation. The vessel must be
suitably equipped with initial pollution containment equipment.

.3 Accidents and Incidents

Operators shall immediately activate their emergency response plans when any accident
or incident occur.

Should a loss of containment occur by any operator, all operators shall immediately stop
any ship to ship transfers and immediately contact the local Principal Officer and TNPA by
all available means. Any commencement of operations after a loss of containment occurs,
may only be done once the Authorities have assessed the severity of the incident and
permit operations to continue.

Based on the severity of an incident, the Authorities may suspend all ancillary activities,
such as crew changes and other off port limit activities until the threat to these activities
have been determined and whether it is safe to operate.

In cases where the Authority determines that following an incident there is no secondary
safety and pollution vessel or insufficient pollution containment equipment to contain a
second incident all operations in the area will be suspended.

Bunkering operations should not be attempted or are to be suspended when wind and sea
conditions exceed the conditions what the standby vessel can effectively operate in and
must be clearly defined in the operating procedures of the operator.

.4 Risk Assessment

A comprehensive risk assessment covering the entire operation is to be drawn up and

submitted with the application. Operation specific risk assessments including
environmental risk is to be prepared and submitted for each operation.

The risk assessment should clearly indicate each step of the operation with mitigations
associated with those steps. As a minimum the steps to be covered for such an operation
should be:

1. Run-in or approach of the vessels in close proximity. Traditionally there is

additional risk when vessels approach each other at sea and this step should be
clearly outlined with which vessel will be at anchor/DP/holding position and how
the other vessel will approach. There should also be clear weather windows
associated with this step including but not limited to wind, current strength,
significant wave height and swell direction with a go/no-go maximum limit.
2. Hook-up or hose connection. Once the vessels are alongside or on station, the
hose can be connected. Clear weather limits should also be set for this step,
including clear statements around sufficient light and daylight hours.
3. Pressure test. Traditionally the hose test incurs risk for the release of the
substance to be transferred. The test should ideally be performed using
compressed air and suitably calibrated pressure gauges on the hoses. This step
should only be conducted with sufficient light or during daylight hours as
appropriate.
4. Start of transfer. The start of transfer should be governed by a procedure which
clearly outlines the maximum pressure/transfer rate and commences with a

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 lowered pressure/rate than the maximum agreed rate specified for the transfer.
Once again, this procedure should also consider the maximum weather window
in which a transfer may commence and also include consideration of sufficient
light and/or daylight.

If at any time the weather limit for any step is exceeded, the PiC shall stop the operation
and revise the risk assessment for any possible mitigations that may be put into place.

.5 Environmental Risk Management Plan (ERMP)

An ERMP must be submitted with the application. The ERMP must include an
Environmental Risk Assessment and an Environmental Management Plan The ERMP
must have the necessary approvals.

.6 Oiled Wildlife Contingency Plan

Bunker Operators must provide a response plan stating the measures that they will put in
place to assist NGO's, Wildlife Associations and other similar entities in the rehabilitation
of oiled Marine Life.

.7 Operating Criteria

i) Weather Conditions/Limitations

The bunker operator must have standard procedure on the weather operating criteria
for the operations. Clearly defined weather limitations at the various stages of the
operations must be included and if deviation is allowed, the guiding principle clearly
defined and must be adhered to. (See (b) Risk assessment above)

ii) Daylight / Night operations

The bunker operator must identify the criteria under which operations will be
conducted during both day and night. Considering night operations carry a greater
risk, the Authority will initially only permit day light bunkering operations.

Night time bunkering operations may be considered after a minimum of 10 daylight

operations conducted offshore. These operations must be spread over a period of not
less than 14 days since the initial bunker operation, after which the operator may
approach the Authority to inspect the vessel for night time offshore bunkering
operations, subject to the Authority being notified 3 working days in advance. Once
the Authority is satisfied with operations, consideration to permit night operations may
be granted.

Additional measures to ensure adequate lighting, monitoring of the surrounding

waters must be included in procedures and complied with.

.8 Bunker transfer plan

A detailed plan of the bunkering operations shall be submitted. These are to include
checklists to be used for the operations. Bunker operators may draw up their own
checklists for the intended operations or may use the checklists in Annex 4. The operator’s
checklist must at the very least include all items applicable in the checklist detailed in
Annex 4.

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.9 Oversight

Person in Charge

The Person in Charge is a person responsible for the safe conduct of bunkering
operations, it is recommended that the bunker operator considers may employing a
Person in Charge, whose sole responsibility will be the safety of the transfer operation and
prevention of any pollution. The Person in Charge will have adequate qualification and
experience in the safe conduct of bunkering operations. The Master or Chief Officer may
be appointed as the Person in Charge.

.10 Fuel Types

The following types of fuel used in the propulsion and auxiliary engines of a ship shall be
considered for bunkering a receiving vessel.

1) All grades of commercial oil fuel.

2) Liquefied Natural Gas.

.11 Origin of cargo

The onus remains on the operator to ensure that any fuel/cargo transferred or sold within
the EEZ carry the necessary approvals from SARS and/or other relevant government
department in terms origin.

14. EMERGENCY MANAGEMENT

.1 Rapid on-scene Response

All bunker operations irrespective whether the operations are held inside or outside a port
must have rapid on-scene response capabilities. The response will include but not be
limited to a designated vessel standby for the entire duration of the operation and be
suitably equipped with pollution containment equipment for initial containment. The bunker
operator must have a contract with an approved service provider for deployment of
additional resources to contain, recover and clean up any spills.

.2 Spill Response and Recovery Equipment

The bunker operator is responsible for the scale of spill response and equipment to deal
with any eventuality or incident of a spill, based on the operator’s assessment of the type,
kind and quantities involved in the operation; this must be specified in the submission.

The operator must appoint a spill response company to provide such response and
equipment by means of a service level agreement. The spill response company should
have sufficient stock of clean up equipment and mobile assets to deal with a spill. The
onus of maintaining spill response equipment rests with the operator who must review
such requirements at regular intervals and must be stipulated in the operator’s SOP’s.

The Authority will carry out annual audits on such spill response companies to ensure
readiness and compliance. The Authority requires confirmation of a contract or an
agreement from the Owner of the vessels with a global service provider for handling
potential large or Tier 3 oil spills. Such providers must have experience and capabilities to
respond to the type of cargo involved, including expertise and methodology to minimise
potential impact on the environment.

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 For Gas cargoes this must include expertise in handling and blow out of fires. Any inputs
in spill response and equipment as specified by TNPA in consultation with DFFE must be
complied with. The bunker operator is responsible and liable for ensuring clean-up
operations are carried out to the satisfaction of the DFFE and the Authority.

.3 Spill Recovery Vessel Capability

The bunker operator is to provide information on the capability and suitability of the oil
recovery vessel. The vessel for such, may be provided by a third party by means of a
service level agreement and contracted to be on site within an hour of activation. Retention
capability will be dependent on the scale of operation and may restrict the size/quantity of
the transfer operation. The onus to ensure that recovery capability is adequate for the
intended operation rests with the bunker operator. The Authority will carry out annual
audits on such third-party companies to ensure readiness and compliance. Any inputs by
DFFE must be complied with.

.4 Booms

Booms are temporary floating barriers used to contain marine spills. The on-scene
response vessel must have on board retention booms of adequate length, draft and
freeboard approved by the Authority for immediate deployment and of adequate length for
the intended operation.

The response vessel shall deploy the booms in any eventuality and shall ensure that both
vessels are completely boomed-in, in their entirety. The booms must be able to operate
efficiently in the weather conditions specified in the SOP. The booms should be effective
and applicable to the type of cargo.

.5 Oil Spill Modelling

A condition for approval outside a port is that the bunker operator provider shall carry out
spill modelling utilising historical data for the intended operation. This modelling shall form
part of the submission of the application and will be subject to approval by TNPA in
consultation with DFFE.

The spill model shall provide sufficient data and enable a quick overview of the potential
impact and damage to the surrounding environment, considering local conditions including
but not limited to weather, topography, proximity of MPA’s, shore-based industries that
rely on sea water intake, commercial and recreational beach amenities, sea water
desalination plants, etc.

.6 IMOrg

The responsibility rests with the bunker provider to familiarise themselves with the National
Oil Spill Contingency Plan (NOSCP) for the intended area of operation, the structure and
requirements of the IMOrg, and the employ of dedicated experienced personnel to
respond to and form part of the IMOrg structure in dealing with the management of any
incident.

A policy commitment to Safety and Environment Protection and its compliance will form
part of the application for approval. The bunker operator will need to draw up an oil spill

Bunkering Code of Practice Version 1.0 October 2021 Page 46 of 68

 contingency plan in line with the NOSCP, which must be approved by SAMSA, TNPA and
by DFFE in consultation through TNPA.

15. DOCUMENTATION

The following information/documents should be submitted with the application for the long-
term approval a bunkering operation:

1) Company details:
a) Full style company’s profile;
b) BBBEE certificate
c) The company’s foot and/ print - national or international;
d) Experience in the field of bunkering operations;
e) Areas of current operations, to allow the Authority to consult other Flag State
Administrations;
f) Duration and history of operation;
g) Historical environmental incident record;
h) Business plan;
i) Maritime Industry Development Plan
j) Brief explanation of the proposed operation;
k) Type(s) of bunker fuel for which approval is required;
l) Approval in principle from TNPA and DFFE through TNPA; and
m) Oil Spill Contingency Plan

Other relevant Government Authority and agencies, such as TNPA, DFFE,

SANPARKS, SARS, etc. to be informed about the proposed operation and their
approval obtained.

Potential operators can consult with their respective local shipping agent(s) on how to
get in contact with these Authorities.

2) Policies and procedures:

a) Standard Operating Procedures;
b) PiC experience and training;
c) Policy on ensuring the origin of cargo;
d) Commitment to flag vessels regularly calling South African waters; and
e) Commitment to employ all South African seafarers on board such vessels.

3) Suitability assessment and emergency management:

a) Bunkering operation suitability assessment;
b) Comprehensive risk assessment;
c) Environmental impact assessment;
d) Operating criteria;
e) Spill response and recovery equipment;
f) Spill recovery vessel availability and capability;
g) Availability of booms and their deployment;
h) On-scene response capability;
i) Spill Modelling;
j) Insurance cover; and
k) Service level agreements, if applicable.

16. SUB-INDUSTRY

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.1 Offshore Port Limit Activities
Most vessels calling for bunkering may also require other marine services. The supply of
ships stores and spares. Crew changes. These activities do not generate revenue for
SAMSA however they add to the value to the local economy. Ships may also require
repairs or under water hull inspections at anchor.

.2 Ship Agencies
All bunkering operations will utilise the services of registered ships agents. The agents will
also coordinate other services required by vessels calling for bunkers. Ships agents are
responsible for the payment of the SAMSA levy to SAMSA or TNPA and any other revenue
that may be incurred.

Bunkering Code of Practice Version 1.0 October 2021 Page 48 of 68

 Annex 1 - Requirements for obtaining
approval
Requirements for obtaining approval prior to each bunkering operation

Bunkering Code of Practice Version 1.0 October 2021 Page 49 of 68

1 Bunkering operations of oil fuel inside and outside a port

.1 Requirements for oil fuel bunkering inside a port

.1 Once off operations inside a port:

Operations for a once off bunkering operation inside a port shall be approved by
the Principal Officer of the port concerned. Permission must also be obtained
from TNPA, the approval letter submitted and compliance with any conditions
stated therein. This approval is required for a bunkering operation by a bunker
barge that is not licensed by TNPA to operate at that port.

Documents as listed in checklist 2 of Annex 2 shall be submitted for both the

bunker barge and the receiving vessel at least five working days in advance of
the intended operation. The Principal Officer may require additional documents
and information to be submitted prior to approving any bunkering operation in
port.

The operation shall be conducted by a pre-approved or existing bunker operator

operating at another port, who shall submit a risk assessment to the Authority.
The operation shall be supervised by a responsible person, acceptable to the
authority, to monitor and oversee the transfer operation.

The bunker barge operator takes responsibility for ensuring that bunkering
operations are conducted safely with utmost care to prevent any harm to the
marine environment.

.2 Long-term operations inside a port:

Bunker operators must obtain a long-term approval as detailed in sections 12 to

15, as applicable. The operator will undergo audits during the validity of the
approval to ensure compliance. The operator shall have a license issued by
TNPA to operate at that port.

Existing bunker operators who hold a TNPA licence will only need to submit
documents as required in Sections 12 to 15, as applicable for such operations
inside a port.

.2 Requirements for oil fuel bunkering outside a port

.1 Once off operations outside a port:

Operations for a once off bunkering operation outside a port shall be approved
by the Principal Officer of the port concerned. In order to obtain such permission,
the requirements described in sections 12 to 15, as applicable must be strictly
followed. Permission must also be obtained from TNPA, if the transfer is within
port operation limits, the approval letter submitted and compliance with conditions
stated therein.

Documents as listed in checklist 2 of Annex 2 shall be submitted for both the

bunker barge and the receiving vessel at least five working days in advance of
the intended operation. The Principal Officer may require additional documents

Bunkering Code of Practice Version 1.0 October 2021 Page 50 of 68

 and information to be submitted prior to approving any bunkering operation in
port.

The operation shall be conducted by a pre-approved or existing bunker operator

operating at another port, who shall submit a risk assessment to the Authority.
The operation shall be supervised by a responsible person, acceptable to the
authority, to monitor and oversee the transfer operation.

No transfer of crew/personnel/stores via a launch to take place whilst a bunker

operation is in progress. All operations are subject to favourable weather
conditions.

The bunker barge operator takes responsibility for ensuring that bunkering
operations are conducted safely with utmost care to prevent any harm to the
marine environment.

.2 Long-term operations outside a port:

Permission to conduct bunkering operations outside a port must follow the

process described in the sections 12 to 15 of this code and an approval obtained
prior any operation being undertaken. In addition, a license to operate must be
obtained from TNPA, for operations within TNPA limits and conditions stated
therein complied with.

In addition to obtaining an approval from the Authority and license from TNPA, if
applicable. The following requirements/conditions shall be complied with for each
bunkering operation:

1. Application and documents detailed in checklist 1 of Annex 2 for the

receiving vessel, must be submitted 5 working days in advance to the
Authority for approval;
2. No OPL operations or transfer of crew/personnel to take place whilst a
bunker operation is in progress.
3. All operations are subject to favourable weather conditions.

Vetting of vessels requesting permission to receive bunkers

Vessels requesting permission to receive bunkers shall be vetted prior to granting

permission for bunkering.

These details are entered into the relevant PSCI MOU data base for verification
purposes. If it is found that any of the submitted documents raise the suspicion
of the Authority that the vessel may pose a greater risk than the average vessel
calling for bunkers, permission is denied. The decision of the Authority is final and
not negotiable. In addition, the PSCI reports are scrutinized to ensure that the
vessel(s) are operated in accordance with the relevant international conventions.

Vessels may and have been denied permission to receive bunkers offshore for
numerous reasons, some of which are listed below:

1. The vessel flies the flag of a country having an adverse reputation of

compliance as noted by a PSCI region member;
2. The vessel has a history of major deficiencies/detentions during PSCI;
3. The P&I Club is not a member of the International Group or a fixed
premium club with insufficient insurance cover or a poor claims record;

Bunkering Code of Practice Version 1.0 October 2021 Page 51 of 68

 4. The Recognised Organization is not acceptable to SAMSA (must be part
of the IACS group);
5. The vessel has been determined to be a security risk to the Republic;
6. The application is not submitted in the required notice time of 5 working
days.

Vessel that has been determined to be a security risk to the Republic will not be
permitted to enter South African waters;

Restrictions for Algoa Bay based on towage capability and draft in the port.

Tankers and bulk carriers over 90 000 GT

These vessels are not allowed to call in Algoa bay whether laden or in ballast for
bunkers unless the following conditions are met:

1. The bunker operator should have a tug of suitable bollard pull with the
appropriate towing gear in readiness to be connected. The tug must be
in attendance from the arrival of the first vessel in port limits until the
departure of the last vessel from port limits. This tug has to be approved
by SAMSA and TNPA.
2. TNPA restrictions may apply see Annex 6.
3. All operations are subject to favourable weather conditions.

Gas Carriers are excluded from these requirements.

2 LNG bunkering operations inside and outside a port

.1 Requirements for LNG bunkering inside a port

.1 Once off operations inside a port:

Operations for a once off bunkering operation inside a port shall be approved by
the Principal Officer of the port concerned. Permission must also be obtained
from TNPA, the approval letter submitted and compliance with any conditions
stated therein. This approval is required for a bunkering operation by a bunker
barge that is not licensed by TNPA to operate at that port.

Documents as listed checklist 3 of Annex 2 shall be submitted for both the bunker
barge and the receiving vessel at least five working days in advance of the
intended operation. The Principal Officer may require additional documents and
information to be submitted prior to approving any bunkering operation in port.

The operation shall be conducted by a pre-approved or existing bunker operator

operating at another port, who shall submit a risk assessment to the Authority.
The operation shall be supervised by a responsible person, acceptable to the
authority, to monitor and oversee the transfer operation.

The bunker barge operator takes responsibility for ensuring that bunkering
operations are conducted safely with utmost care to prevent any harm to the
marine environment.

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 No transfer of crew/personnel/stores via a launch to take place whilst a bunker
operation is in progress. All operations are subject to favourable weather
conditions.

.2 Long-term operations inside a port:

Bunker operators must obtain a long-term approval as detailed in sections 12 to

15, as applicable. The operator will undergo audits during the validity of the
approval to ensure compliance. The operator shall have a license issued by
TNPA to operate at that port.

No transfer of crew/personnel/stores via a launch to take place whilst a bunker

operation is in progress. All operations are subject to favourable weather
conditions.

.2 Requirements for LNG bunkering outside a port

.1 Once off operations outside a port:

Operations for a once off bunkering operation outside a port shall be approved
by the Principal Officer of the port concerned. In order to obtain such permission,
the requirements described in sections 12 to 15, as applicable must be strictly
followed. Permission must also be obtained from TNPA, if the transfer is within
port operation limits, the approval letter submitted and compliance with conditions
stated therein.

Documents as listed in checklist 3 of Annex 2 shall be submitted for both the

bunker barge and the receiving vessel at least five working days in advance of
the intended operation. The Principal Officer may require additional documents
and information to be submitted prior to approving any bunkering operation in
port.

The operation shall be conducted by a pre-approved or existing bunker operator

operating at another port, who shall submit a risk assessment to the Authority.
The operation shall be supervised by a responsible person, acceptable to the
authority, to monitor and oversee the transfer operation.

No OPL operations or transfer of crew/personnel to take place whilst a bunker

operation is in progress. All operations are subject to favourable weather
conditions.

The bunker barge operator takes responsibility for ensuring that bunkering
operations are conducted safely with utmost care to prevent any harm to the
marine environment.

.2 Long-term operations outside a port:

Permission to conduct bunkering operations outside a port must follow the

process described in the sections 12 to 15, as applicable of this code and an
approval obtained prior any operation being undertaken. In addition, a license to
operate must be obtained from TNPA, for operations within TNPA limits and
conditions stated therein complied with.

Bunkering Code of Practice Version 1.0 October 2021 Page 53 of 68

 In addition to obtaining an approval from the Authority and license from TNPA, if
applicable. The following requirements/conditions shall be complied with for each
bunkering operation:

1. Application and documents detailed in checklist 1 of Annex 2 for the

receiving vessel, must be submitted 5 working days in advance to the
Authority for approval;
2. No OPL operations or transfer of crew/personnel to take place whilst a
bunker operation is in progress.
3. All operations are subject to favourable weather conditions.

Vetting of vessels requesting permission to receive bunkers

Vessels requesting permission to receive bunkers shall be vetted prior to granting

permission for bunkering.

These details are entered into the relevant PSCI MOU data base for verification
purposes. If it is found that any of the submitted documents raise the suspicion
of the Authority that the vessel may pose a greater risk than the average vessel
calling for bunkers, permission is denied. The decision of the Authority is final and
not negotiable. In addition, the PSCI reports are scrutinized to ensure that the
vessel(s) are operated in accordance with the relevant international conventions.

Vessels may and have been denied permission to receive bunkers offshore for
numerous reasons, some of which are listed below:

1. The vessel flies the flag of a country having an adverse reputation of

compliance as noted by a PSCI region member;
2. The vessel has a history of major deficiencies/detentions during PSCI;
3. The P&I Club is not a member of the International Group or a fixed
premium club with insufficient insurance cover or a poor claims record;
4. The RO is not acceptable to SAMSA (must be part of the IACS group);
5. The vessel has been determined to be a security risk to the Republic;
6. The application is not submitted in the required notice time of 5 working
days.

Vessel that has been determined to be a security risk to the Republic will not be
permitted to enter South African waters;

Restrictions for Algoa Bay based on towage capability and draft in the port.

Tankers and bulk carriers over 90 000 GT

These vessels are not allowed to call in Algoa bay whether laden or in ballast for
bunkers unless the following conditions are met:

1. The bunker operator should have a tug of suitable bollard pull with the
appropriate towing gear in readiness to be connected. The tug must be
in attendance from the arrival of the first vessel in port limits until the
departure of the last vessel from port limits. This tug has to be approved
by SAMSA and TNPA.
2. TNPA restrictions may apply see Annex 6.
3. All operations are subject to favourable weather conditions.

Gas Carriers are excluded from these requirements.

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 Annex 2 - Documents to be submitted prior
to each bunkering operation
Documents to be submitted prior to each bunkering operation

This annex details the documents to be submitted for approval prior each bunkering
operation.

1) List of documents to be submitted for the approval of oil/LNG fuel bunkering

operation, where bunker supply vessel is in possession of a long-term approval to
operate at the port.

2) List of documents to be submitted for the approval of a once off Oil bunkering
operation, where bunker supply vessel does not have long-term approval to
operate at the port.

3) List of documents to be submitted for the approval of a once off LNG bunkering
operation, where bunker supply vessel does not have long-term approval to
operate at the port.

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 Checklist 1
Application for the conduct of a bunkering operation at: .
General Information

Vessel Name Flag IMO Number

Call Sign Gross Tons Arrival Draft
ETA

Has / is the vessel calling any SA port before/after bunkering? *(If so, please add the first and last ports below)
.
*(If the vessel is only taking bunkers offshore and not entering any South African Port, it is not viewed as calling at any
port)

Ship Type First Port of Call in South Africa

Loaded / Ballast Last Port of Call in South Africa
Type of Cargo
Owner Address

Agent Address

Bunker Address
Supplier

Vessel Questionnaire

Certificate of insurance or other financial security in respect of Civil Liability for Bunker Oil Pollution Damage
Certificate of insurance or other financial security in respect of Civil Liability for The Removal of Wrecks
International Oil Pollution Prevention Certificate
P&I Certificate of Entry
Last Port State Control Inspection Report
Ship Particulars
Has an oil Pollution Emergency drill been conducted by ship’s crew within 7days prior to bunkering
Date of Last Oil Pollution Emergency Drill

Note: Permission will only be granted once a SOPEP Drill has been done
Certificate Expiry Dates:

Civil Liability for Bunker Oil Pollution Damage Civil Liability for The Removal of Wrecks
International Oil Pollution Prevention Certificate P&I Certificate of Entry

I hereby state that the information above is a true reflection to the best of my knowledge:

Application Date 20/07/20 Agent Name Agent Signature

Agent Stamp

For Office Use only

Application Approved Approval Date 20/07/20

Outstanding Documents

Remarks
SAMSA Official Signature

NOTE:
The Ship Agency is responsible for payment and in the event of the Ship Agency becoming liquidated or under financial
administration, then the Owners must settle the account.
The Agent to submit contact and full style details of Owners.

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 Checklist 2
List of documents to be submitted for the approval of a once of Oil Fuel Bunkering operation
Oil Fuel Bunker Application Port: Date of Application:
Agent: Supplying Vessel:
Service Provider: Receiving Vessel:
Supplying Receiving Service
No. Document Agent
Vessel Vessel Provider
1 Service Request Form from Agent ☐
2 Application for extra and special attendance, if required ☐
3 Ship’s Particulars ☐ ☐
4 Crew List ☐ ☐
5 Certificate of registry ☐ ☐
6 Class Certificate ☐ ☐
7 P&I Club Cover ☐ ☐
8 Name, address & contact details of local P&I Correspondent ☐ ☐
9 Hull & Machinery Cover ☐ ☐
10 Cargo Ship Safety Construction Certificate ☐ ☐
11 Cargo Ship Safety Equipment Certificate ☐ ☐
12 Cargo Ship Safety Radio Certificate ☐ ☐
13 Loadline Certificate ☐ ☐
14 International Oil Pollution Prevention Certificate ☐ ☐
15 International Air Pollution Prevention Certificate ☐ ☐
16 International Ballast Water Management Certificate ☐ ☐
17 Document of Compliance (ISM) ☐ ☐
18 Safety Management Certificate ☐ ☐
19 International Ship Security Certificate ☐ ☐
20 Maritime Labour Certificate ☐ ☐
21 Minimum Safe Manning Document ☐ ☐
22 Passenger Ship Safety Certificate, if applicable ☐ ☐
23 Civil Liability for Bunker Oil Pollution Damage ☐ ☐
24 Wreck Removal Certificate ☐ ☐
25 SOPEP / SMPEP Manual Approval (as applicable) ☐ ☐
26 Q88, if applicable ☐ ☐
27 Last Port State reports ☐ ☐
28 Last Vetting Reports (all tankers) ☐ ☐
Quantity on board, quantities to be transferred and the ROB’s
29 ☐ ☐
on completion.
30 List of Emergency Contacts (Port, Agent, Company etc.) ☐ ☐
31 Checklist/Documentation used for the operation ☐ ☐
32 Mooring Arrangement Plan ☐ ☐
33 Details of PiC, experience, endorsements etc. ☐
34 Risk Assessment - Operation Specific ☐
35 Pressure Test Certificates for Hoses to be used ☐
36 Fender Test Certificate ☐
Comments:

Name and signature: Date:

* IACS member classification society issued Survey Statement, not older than 1 month, may be substituted instead of
certificates 11 to 22

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 Checklist 3
List of documents to be submitted for the approval of a once off LNG Bunkering operation
LNG Bunker Application Port: Date of Application:
Agent: Supplying Vessel:
Service Provider: Receiving Vessel:
Supplying Receiving Service
No. Document Agent
Vessel Vessel Provider
1 Service Request Form from Agent ☐
2 Application for extra and special attendance, if required ☐
3 Ship’s Particulars ☐ ☐
4 Crew List ☐ ☐
5 Certificate of registry ☐ ☐
6 Class Certificate ☐ ☐
7 P&I Club Cover ☐ ☐
8 Name, address & contact details of local P&I Correspondent ☐ ☐
9 Hull & Machinery Cover ☐ ☐
10 Cargo Ship Safety Construction Certificate ☐ ☐
11 Cargo Ship Safety Equipment Certificate ☐ ☐
12 Cargo Ship Safety Radio Certificate ☐ ☐
13 Loadline Certificate ☐ ☐
International Certificate of Fitness for the Carriage of
14 ☐ ☐
Liquefied Gases in Bulk
15 International Oil Pollution Prevention Certificate ☐ ☐
16 International Air Pollution Prevention Certificate ☐ ☐
17 International Ballast Water Management Certificate ☐ ☐
18 Document of Compliance (ISM) ☐ ☐
19 Safety Management Certificate ☐ ☐
20 International Ship Security Certificate ☐ ☐
21 Maritime Labour Certificate ☐ ☐
22 Minimum Safe Manning Document ☐ ☐
23 Passenger Ship Safety Certificate, if applicable ☐ ☐
24 Civil Liability for Bunker Oil Pollution Damage, if applicable ☐ ☐
25 Wreck Removal Certificate ☐ ☐
26 SMPEP Manual Approval (if applicable) ☐ ☐
27 Q88, if applicable ☐ ☐
28 Last Port State reports ☐ ☐
29 Last Vetting Reports (all tankers) ☐ ☐
Quantity on board, quantities to be transferred and the ROB’s
30 ☐ ☐
on completion.
31 List of Emergency Contacts (Port, Agent, Company etc.) ☐ ☐
32 Checklist/Documentation used for the Bunkering ☐
33 Mooring Arrangement Plan ☐
34 Details of PiC, experience, endorsements etc. ☐
35 Risk Assessment - Operation Specific ☐
36 Pressure Test Certificates for Hoses to be used ☐
37 Fender Test Certificate ☐
Comments:

Name and signature: Date:

* IACS member classification society issued Survey Statement, not older than 1 month, may be substituted instead of
certificates 11 to 23

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 Annex 3 - Qualifications and Experience
of Loading Masters
Qualifications and Experience of Person in Charge

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Qualifications and Experience of Person in Charge

The Person in Charge shall be qualified to perform all relevant duties, taking into account the
qualifications contained in the best practice guidelines for bunker operations.

The Authority and bunker operator should agree and designate the Person in Charge who
should have at least the following qualifications:

1. An appropriate and valid management level deck Certificate of Competence, with all
STCW and dangerous cargo endorsements (oil and/or gas) up to date and
appropriate for the ships engaged in the bunker operation;
2. Experience in oil tanker cargo loading and unloading;
3. A thorough knowledge of the geographic transfer area and surrounding areas;
4. Knowledge of spill clean-up techniques, including familiarity with the equipment and
resources available in the bunker contingency plan;
5. Thorough knowledge of the SAMSA Bunker Code.
6. Thorough knowledge of the IMO/OCIMF/ICS guidelines and publications

Additional Qualifications, as applicable:

1. Oil tanker Familiarization - (STCW - Table A-V/1-1-1)

2. Gas tanker Familiarization - (STCW- Table A-V/1-2-1)
3. Advance Oil Tanker Course - (STCW- Table A-V/1-1-2)
4. Advance Chemical Tanker Course - (STCW- Table A-V/1-1-3)
5. Advance Gas Tanker Course - (STCW Table A-V/1-2-2)
6. Basic Fire Fighting Course - (STCW Table A-VI/1-2)
7. Advanced Fire Fighting Course - (STCW Table A-VI/3)
8. Personal Survival Techniques - (STCW A-VI/1-1)
9. Personal Safety and Social Responsibilities - (STCW Table A-VI/1-4)
10. Proficiency in Survival Craft and Rescue Boats - (STCW Table A-VI/2-2)
11. Ship Security Officers (SSO) - (STCW Table A-VI/5)
12. Proficiency in Medical Care - (STCW Table A-VI/4-2)
13. Human Element & Leadership Management - (STCW- Regulation II/2 and III/2)

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 Annex 4 - Operational/Safety Check Lists

Operational/Safety Check Lists

1. Checklists for Bunkering Operations

The Bunker Operator is required to draw up the following checklists based on the checklist
provided in the Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases
and must as a minimum contain all the items provided therein:

• Checklist 1 - Pre-fixture information (for each ship)

• Checklist 2 - Before Operations Commence

• Checklist 3 - Before run-in and mooring

• Checklist 4 - Before cargo transfer

• Checklist 5 - Before unmooring

2. SAMSA specific checklist

The SAMSA specific checklist, provided in the next page must be completed prior to
the conduct of a Bunker Operation by both the vessels.

The Bunker Operator may draw up additional checklists for operational use and such
checklists must be submitted during the application process.

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 BUNKER TRANSFER

SAMSA SPECIFIC CHECKLIST

Port: Date:
Master: Master:

Transfer details:
Type Of Oil/ Tonnes Volume at Loading Temp Maximum Maximum Line
NLS/ Gas Loading Temp Transfer Rate Pressure

Item Laden Receiving

Remarks
Vessel Vessel
Carry out regular checks to ensure that recommended
pressure is not exceeded
Is the bunker OVERFLOW system operational as per the
original design specification?
Are all SAMPLING valves closed and fitted with steel
gooseneck pipe fittings
Are the pressure gauges operational and correctly
calibrated
All repair work at either station stopped.
All craft alongside are authorised and following hazard
warnings, etc.
Weather Reports and weather forecasting discussed
and agreed
Are Gas concentration accumulations in still air
conditions monitored
Are there adequate lighting requirements?
Are International signals being displayed? (If Required)
Pre and Post bunkering Public Address transmissions
Bunker system valves and connections not in use are
closed and blank flanged.
Cargo plan drawn up including tank capacities and filling
limits etc
Signals for stopping cargo, securing cargo systems and for
crew to go to emergency stations are agreed upon?
Agreed language for bunker operations: English
Is fire fighting equipment rigged, tested and ready for
instant use and pressure on the water mains maintained
during the transfer operation.
Where an inert-gas system is fitted, full operating
procedures shall be followed.
In the event of a failure of such inert-gas system either
prior to or during the transfer operation or prior to or
during ballast operations, no such operation shall
commence or continue until the inert-gas system has
been restored or an alternative source of inert-gas has
been provided.
Not less than 24 hours prior the commencement of the
transfer operation, switch off the hull-impressed current
cathodic protection system fitted to such ship;
Plug and render oil-tight scuppers
Provide and keep on board such quantity and type of oil
dispersing agent, such quantity and type of dispersant
application equipment and such quantity and type of oil
absorbing material as may be required
Frequent visual checks to be made of the sea and of the
ships or tankers, the hoses and the pipelines concerned
so as to determine whether any oil is being discharged
or is likely to be discharged;

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 Item Laden Receiving
Remarks
Vessel Vessel
Fit drip trays to all places on board where oil can be
discharged;
If any oil is being discharged or is likely to be discharged,
report such fact forthwith to the representing officer.
All flexible hoses to be used in the transfer operation are,
prior to use, tested for leaks and for pressure not
exceeding the operating pressure specified by the
manufacturer thereof.
All flexible hoses to be used in the transfer operation are
sufficient in total length to provide for movement of the
vessels while docked.
All flexible hoses to be used in the transfer operation do
not exceed the bending radii specified by the
manufacturer thereof.
The flow rate of the liquid pumped through a flexible
hose shall never exceed the maximum specified by the
manufacturer of such hose;
No ballast water other than ballast water carried in
segregated ballast tanks is discharged into the sea.
For Bunkering Vessel For receiving vessel
Name: Name:

Rank: Rank:

Signature: Signature:

Date: Date:

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 Annex 5 - Application form for Long-term
Bunkering Operations
Application form for Long-term Bunkering Operations

The following is the application form for obtaining a long-term approval for conducting
bunkering Operations.

The duly completed form together with supporting documentation is to be submitted to the PO
at the port where STS operations is intended to be carried out.

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 Long-term Bunkering Operations Date of Application: Port:
Company name
No. Document Submitted
1 Company details:
a) Full style company’s profile ☐
b) BBBEE certificate ☐
c) The company’s foot and/ print - national or international ☐
d) Experience in the field of STS or bunkering operations ☐
e) Areas of current operations, to allow the Authority to consult other Flag State
☐
Administrations
f) Duration and history of operation ☐
g) Environmental record ☐
h) Business plan ☐
i) Maritime Industry Development Plan
j) Brief explanation of the proposed operation ☐
k) Type(s) of cargo for which approval is required ☐
l) Approval in principle from TNPA and DFFE through TNPA ☐
m) Oil Spill Contingency Plan ☐
2 Policies and procedures:
a) Standard Operating Procedures ☐
b) POAC experience and training ☐
c) Policy on ensuring the origin of cargo ☐
d) Commitment to flag vessels regularly calling South African waters ☐
e) Commitment to employ all South African seafarers on board such vessels ☐
3 Suitability assessment and emergency management:
a) STS operation suitability assessment ☐
b) Comprehensive risk assessment ☐
c) Environmental risk management plan ☐
d) Operating criteria ☐
e) Spill response and recovery equipment ☐
f) Spill recovery vessel availability and capability ☐
g) Availability of booms and their deployment ☐
h) On-scene response capability ☐
i) Spill Modelling ☐
j) Insurance cover ☐
k) Service level agreements, if applicable ☐
4 Vessels details:
a) Vessels particulars ☐
b) Copy of ALL vessels statutory and trading certificates ☐
c) Vessels Q88 form ☐
d) Last 3 port state control inspection reports ☐
e) Last 3 SIRE inspections reports ☐

Comments:

Submitted by Name and signature: Date:

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 Annex 6 - TNPA requirements for obtaining a
license
TNPA requirements for obtaining a license

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TNPA definition of bunkering as per Guidelines for Agreements, Licences, and Permits in
terms of National Ports Act No. 12 of 2005.

“Bunkering” refers to the transfer of “any hydrocarbon mineral oil” by any means, including
but not limited to, MDO (Marine Diesel Oil), MFO (Marine Fuel Oil), MGO (Marine Gas Oil),
AGO (Automotive Gas Oil), LNG (Liquefied Natural Gas) or lubricating oils used or intended
to be used for the operation or propulsion of a vessel, and any residues of such oils.

Requirements for obtaining a licence from TNPA are subject to the following:

1. Compliance with the provisions of the Ports Act and all other relevant legislation;
2. Compliance with any Regulations adopted in terms of section 80(1) of the Ports Act;
3. Compliance with the Port Rules for the commercial ports of the Republic of South
Africa, adopted in terms of section 80(2) of the Ports Act and with the Harbour
Master’s written instructions and the Authority’s written instructions;
4. Compliance with the Authority’s Tariff Book, published in terms of section 72(1) of the
Ports Act;
5. Compliance with the International Ship and Port Security Code (“the ISPS Code”) as
it applies to all Ports of South Africa;
6. Compliance with all other applicable legislation and generally the requirement to
conduct bunkering activities in accordance with the Law; and
7. Approval and Permission from the South African Maritime Safety Authority

TNPA may require that operators, wishing to be granted a license as per Section 56, 57 of Act,
attain or holds a Broad-based Black Economic Empowerment status of at lease level four,
measured in terms of the Codes of Good Practise issued in terms of section 9 of the BBBEE
Act or an equivalent rating in terms of the Sector Code.

Licensed Bunker Operators must comply with their duties as specified in section 62 of the
Act, which includes:

1. Providing port services as specified in its licence;

2. Compliance with conditions printed on the license;
3. Complying with the TNPA Act and any other law;
4. Meeting the performance standards specified in its licence;
5. Providing reliable, efficient and economical port services and facilities to port users
in accordance with the conditions of the licence granted to it; and
6. Submitting a report of its licensed operations during the financial year, which includes:

1. The quantity and level of its service in the financial year under review;
2. The quality level of its service;
3. Compliance with the terms and conditions of its license;
4. Eliminating anti-competitive and discriminatory practises;
5. Audited annual financial statements;
6. The quality and level of performance wrt environmental criteria, social
responsibility requirements as set by the Authority or required by other national
legislation;
7. Future development plans;
8. Any proceedings or claim instituted or made against the licensed operator which
could materially affect its ability to perform any obligation or to comply with any
term or condition of its licence; and
9. Any spillage that may have an impact on the environment

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Documentation checklist for Bunkering Licence

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