Maritime (Port State Control) Regulations 2021 ((No. 12 OF 2021). Country/Territory Falkland Islands (Malvinas) Document type Regulation Date 2021 Source FAO, FAOLEX Subject Sea Keyword Harbour Inspection Offences/penalties Liability/compensation Hazardous substances Marine pollution Geographical area Americas, Atlantic Ocean Islands, Latin America and the Caribbean, South America, South Atlantic Abstract These regulations are made by the Governor of the Falkland Islands to implement the international conventions on maritime safety, pollution prevention and living and working conditions on board ships. They apply to foreign ships calling at a port or anchorage in the Falkland Islands and give powers to inspectors to check their compliance and take enforcement actions if necessary. The regulations specify the types and scope of inspections that can be carried out by inspectors, such as initial inspection and more detailed inspection. They also provide grounds and guidelines for determining whether a ship has deficiencies that are clearly hazardous to safety, health or the environment and warrant the detention or prohibition of the ship. The regulations also require the inspectors to prepare and provide reports of inspection and deficiencies to the ship’s master and the flag administration. The regulations allow the owner or master of a ship that is subject to a detention or prohibition notice to request a reference to an arbitrator within 21 days. The arbitrator can decide whether the notice was valid and reasonable and can cancel or modify it accordingly. The arbitrator can also award compensation to the owner if the notice was unjustified and caused any loss. The regulations also provide for the costs of inspections and detentions to be recovered from the owner or their representative. The regulations do not apply to certain types of ships, such as Falkland Islands ships, British ships, fishing vessels, warships, pleasure vessels and ships not propelled by mechanical means. The regulations also allow for some exceptional circumstances where a ship may be allowed to enter or leave a port or anchorage in the Falkland Islands despite having deficiencies, such as force majeure, overriding safety considerations, the need to reduce or minimise the risk of pollution or the need to have deficiencies rectified. Full text English Website legislation.gov.fk References - Legislation Implements Harbours and Ports Ordinance 2017 (Ordinance No. 21 of 2017). Legislation | Falkland Islands (Malvinas) | 2017 Keyword: Landing, Fishery management and conservation, Harbour, Institution, Protection of environment, Marine pollution, Public health, Fishing vessel Source: FAO, FAOLEX