It’s all systems go for bunkering services in South Africa: SAMSA

Pretoria: 05 May 2024

Ships bunker services provision in South Africa – inclusive of off-shore operations – is well on track, with applications, approvals and issuance of licenses currently being managed expeditiously, the South African Maritime Safety Authority (SAMSA) has confirmed.

However, according to SAMSA’s Acting CEO, Mr Tau Morwe, operators have to ensure that they are compliant with requirements of SAMSA as well as both the South African Revenue Services (SARS) and the Transnet National Ports Authority (TNPA).

Mr Morwe made the confirmation on the status quo of bunkering services in South Africa during a day long maritime sector bunkering services roundtable meeting attended by about 80 people in Durban on Tuesday. (30 April 2024).

Representatives included industry principals, primarily ship owners and agents and some of whom are active bunkering services providers, state officials from Treasury, SARS, the Department of Transport, Department of Forestry, Fisheries and Environment, TNPA, Ports Regulator South Africa and SAMSA; ship-to-ship services providers and interested or affected parties – among them, environmental groups – as well as delegates from Mauritius, Mozambique and Namibia.

Mr Morwe’s remarks came in the wake of an apparent entrenching confusion or misunderstanding in the country’s maritime sector about the real state of bunkering services provision and administration, this coming in the wake of a clampdown by SARS on certain operators related to taxation issues during the latter part of 2023, as well as a ‘moratorium’ said to have been placed on the issuing of licences.

Flanked by Mr Mahesh Fakir, the chairperson of SAMSA’s Board of Directors, in his closing remarks of the gathering, Mr Morwe stated: “Where SAMSA stands is that applications for off shore bunkering, in terms of Section 21 (1) b (Prevention and Combating of Pollution of the Sea by Oil Act. 1981) is in process. Anyone can make the application.

“The TNPA and SAMSA are agreed on the continued processing of applications. However, in the processing of the applications, we remind applicants that we are not the only regulator, and they (applicants), have to tick the TNPA box, ensure that they are compliant with SARS. If that is in place, there is nothing preventing applicants or operators from conducting business. That is the state of affairs.”

“… there is nothing that says the business (of bunkering) is closed. I repeat, anyone wanting to apply for an operator license may do so. Tick the SARS box, tick the TNPA box!” said Mr Morwe.

For his full remarks, click on the video below.

_{Mr Tau Morwe, SAMSA Acting CEO making his closing remarks at the SAMSA organised Maritime Sector Bunkering Services Round Table Event held in Durban on Tuesday, 30 April 2024 .}

Meanwhile, for a complete coverage of the SAMSA organised Maritime Sector Bunkering Services Round Table event in Durban on Tuesday last week, this blog captured as best it could the meetings’ proceedings as presented below. The only record unavailable, due in part to technology limitations, is that of regulators from Mauritius, Namibia and Mozambique who all were planned to make a virtual appearance online.

Key take-aways:

Bunkering along with related ship-to-ship transfers services have a long history in South Africa and remain a major business and economic opportunity for sustained expoitation, given the country’s almost perfect geolocation at the foot of the African continent, with an ocean space global shipping corridor that is equidistant between western and eastern countries.
With expansion of particularly bunkering services to off shore, notably in Algoa Bay since 2016, the regulatory domain has lagged behind for clarity, leading to disruption and confusion as evidenced by a 2023 SARS clampdown on some operators in Algoa Bay due to taxation related matters
The haitus has led to vast loss of business opportunity and income in the past few years especially since the break-out of strife and wars affecting major shipping lines in the Middle East and eastern Europe and which led to an increase in shipping traffic sailing along the Cape of Good Hope ocean corridor.
SARS related regulations are in the process of being finalised and should soon be operational.
Going forward, SAMSA, the TNPA and SARS are the key (but not exclusive) state institutions whose regulations operators – current or aspirant – must comply with.
Overall, there is an agreed need both by the relevant state institutions (SAMSA, TNPA, SARS, Ports Regulator, DFFE) and the private sector for closer cooperation and collaboration between the regulatory institutions, as well as about ongoing engagement and interaction with all stakeholders and interested parties in the maritime sector.
A commitment is reached that established forums in the bunkering subsector as well as periodic maritime sector and regulators roundtable meetings shall continue into the future.

In the package below, in the order of their appearance and presentations, first up are Welcoming and Opening Remarks by Mr Morwe and Mr Fakir respectively, in which they broadly outline the standpoint of SAMSA on the state of bunkering administration in South Africa.

_{Mr Tau Morwe, SAMSA Acting CEO making his welcoming remarks.}

_{Mr Mahesh Fakir, SAMSA Board chairperson making his opening remarks.}

Next are representatives of the Ports Regulator, TNPA and SAMSA on the status quo of bunkering services.

_{Transnet National Ports Authority (TNPA) presentation}

^{Ports Regulator SA presentation}

_{South African Maritime Safety Authority (SAMSA) presentation}

Following are representatives of the Treasury, SARS and the DFFE on “Government on bunkering risk, opportunities and enablement.”

_{Treasury Department presentation}

_{South African Revenue Service (SARS) presentation}

^{Department of Forestry, Fisheries & Environment presentation}

_{Question & Answers Session 1}

Finally, below – in no particular order – are representatives of industry (including the South African Association of Ship Owners and Agents (SAASOA), on their own individual and group perspectives, afterwhich a final Question and Answer Session ensues.

_{Mr Dan Ngakane, CEO of Amsol.}

_{Mr Peter Besnard, CEO of SAASOA}

_{Mr Kurt Theunis: Linsen-Nambi Bunkering Services}

_{Mr Stuart Klapprott: MOL Chemical Carriers}

^{Ms Nomkhitha Mbele: James Fisher Fender Care}

_{Question & Answers Session 2}

End.

Public given second opportunity for comment on revised bunkering Codes: SAMSA

Pretoria: 12 September 2022

Stakeholders in South Africa’s bunkering subsector have been given yet another opportunity to make comments on South Africa’s Codes of Practice for both bunkering and ship-to-ship transfers (cargo transfers), according to a joint statement issued by the State institutions charged with managing the process last week.

The South African Maritime Safety Authority (SAMSA), Transnet National Ports Authority (TNPA), the Department of Transport (DoT) and the Department of Forestry, Fisheries and Environment (DFFE) said they jointly issued the public invitation for further comment on South Africa’s set of Codes of Good Practice for Bunkering Services and Ship-To-Ship Transfers (Cargo Transfer) as part of a process towards their finalisation and publication.

The public call is contained in a Marine Information Notice (MIN 10-22) published on the SAMSA website on Thursday, 08 September 2022. The set of Codes of Practice comprise the South African Bunkering Code of Practice, and South African Ship to Ship Code of Practice for Cargo Transfers.

In the Notice, the public entities jointly state that the reason for the further call is to allow stakeholders an opportunity to make further inputs on the amended and consolidated set of draft Codes of Practices for both bunkering and cargo transfers. The sets of Codes have now been expanded to also cover specifically Ship to Ship Cargo Transfers.

In the joint statement on Thursday, the entities state: “A moratorium was put in place on the approval of any new permanent service providers in Algoa Bay and whose lifting would be conditional to the completion of the publication of the Codes of Practice, and the completion of an Environmental Risk Assessment by TNPA for Algoa Bay. The DOT, DFFE, SAMSA and TNPA opted to provide industry a combined code of practice where each entity’s approval requirements are consolidated in one place to allow the industry an easy reference guide for these types of operations.

“The codes also provide references to the various sections of legislation that are applicable for each government department and are aimed to show how the DFFE, TNPA and SAMSA aim to work together to approve these activities to ensure a unified approach. The Codes of Practises are not intended to remove any jurisdiction or duties from either the DFFE, TNPA or SAMSA to regulate the industry,” state the entities in the Notice.

According to the statement by SAMSA, TNPA, DFFE and DoT, stakeholders will have until 22 September 2022 to submit their comments. Stakeholders’ comments can be submitted to tsu@samsa.org.za

The final Codes will be submitted to the Department of Transport once completed, say the entities.

End

Live ocean ‘accidental oil spill’ incident management exercise off the port of Cape Town, Thurs & Friday: IMOrg

Cape Town: 11 May 2022

Capetonians in particular, and South Africans in general will be in for a spectacular live staging of an ocean ‘accidental’ oil spillage exercise off and near the port of Cape Town on Thursday and Friday this week.

The unusual exercise to involve aircraft, ocean going vessels, onshore vehicles and more than 100 personnel is, according to South Africa’s Interim Incident Management Organisation (IMOrg) part of an intensive multi-nationl exercise in ocean oil spillage incidents management training currently underway in the city of Cape Town since Monday, involving about 50 delegates from government, non government and private sector institutions in South Africa, Namibia and Angola.

According to IMOrg Project Manager, Captain Ravi Naicker, the sea exercise over the next two days, Thursday and Friday will be the final stage of the weeklong incident management training that began on Monday in Durbanville, with a desk-top classroom type engagement of the delegates on the globally acclaimed and International Maritime Organisation (IMO) approved Incident Management System (IMS) consisting of three modules; IMS 100, 200 and 300.

From a South African perspective, according to the IMOrg, the logic behind the initiative is fairly simple. Increased activity on the South African coastline of over 3900km (including the coastline around the Prince Edwards Islands) demands the country to be ready to attend to any emergency that might occur along its pristine coast.

Current estimates of shipping traffic in the three oceans around South Africa are that as many as 30 000 vessels sail through here annually, with many of the vessels laden with an excess of 30-million Dead-Weight-Tonnage of crude oil.

“A large-scale oil spill could potentially have catastrophic consequences on the marine environment. There is also offshore Oil and Gas exploration and Bunkering activities, therefore South Africa needs to ensure that while it seeks economic stability and prosperity it also ensures the protection of its natural biodiversity.

“To this end South Africa has adopted international best practice in incident management and is proactively and continuously preparing to manage marine pollution incidents effectively, ensuring that the appropriate resources and stakeholders are mobilised quickly – and important and timeous decisions made,” said Capt. Naicker.

Among the IMOrg guiding tools with the exercise is the country’s National Oil Spill Contingency Plan (NOSCP),

In Cape Town on Thursday and Friday however, for training participants as well as spectators, the weather may play ball for clear visibility of the full-scale oil spill response deployment exercise scheduled for the stretch pieces of waterspace in the sea corridor between Robben Island to the north and the port of Cape Town.

However, according to Captain Naresh Sewnath, Senior Manager Pilotage & VTS at Transnet’s Chief Harbour Masters Office in Cape Town, the ‘Cape Doctor’ – a nickname for periodic gusty winds that batter this part of the world – would be just as welcome, if only to present truly testing weather conditions for the IMOrg multinational training exercise at sea over the next two days.

Capt. Sewnath gave assurance that not only was the port of Cape Town fully supportive of the incident management exercise in the area for its worth, but also that it would seek to ensure that normal shipping in and near the always busy port would not be negatively affected.

In the video below, Capt. Sewnath briefly chatted to this blog about the IMOrg training exercise and his institution’s take of it, while on a brief visit to the training venue in Durbanville a day ago.

Meanwhile, the Benguela Current Convention (BCC) first time sponsors of the IMOrg’s periodic IMS training exercise, has described its involvement in the exercise as not only strategic in terms of its own objectives, but also essential to the extent that pollution of the oceans environment in its area of operation remains a constant serious threat to the the Benguela Current Large Marine Ecosystem (BCLME). In fact, according BCC South Africa National Projects Officer, Ms Tembisa Sineke, pollution is one of eight thematic areas in the BCC’s SAP.

“The reason for this is that marine pollution in the BCLME is increasing due to, among others, coastal zone urbanization, expanding shipping and offshore drilling and mining activities,” she said, adding that the three countries – South Africa, Namibia and Angola “are all involved in offshore petroleum exploration and production activities, whilst they also experience extensive maritime transport activities along their coasts. Furthermore, Namibia and South Africa are involved in offshore mining with vessels carrying significant quantities of oil.

_{Ms Tembisa Sineke. Benguela Current Convention (BCC) South Africa National Projects Officer}

“This ever-increasing use of the ocean space leads to increased risk of accidents that could result in marine pollution, especially from oil spills,” said.

For more on BCC’s viewpoint on the IMOrg training exercise and the necessity for its support, click on the video below:

End

Bunkering services moratorium re-imposed: SAMSA

Pretoria: 01 pril 2022

A moratorium on the issuing of bunkering licences in the Algoa region of South Africa and due to come to an end on 01 April 2022 has been reimposed, the South African Maritime Safety Authority (SAMSA) announced in Pretoria on Friday.

In a brief media statement on Friday, SAMSA described the u-turn on the earlier lifting of moratorium as based on outcomes of inter-departmental consultations. Consequently, said SAMSA, a Marine Notice on an interim application process and requirements to conduct ship to ship transfers and bunkering operations outside of a port is being retracted.

Said SAMSA: “The moratorium on the issuing of Bunkering licences in Algoa bay will not be lifted on the 1^st of April 2022 as previously announced. The lifting of the moratorium was suspended following inter-departmental consultations.

“The moratorium was placed on 22 August 2019 pending the finalisation of the Transnet National Port Authority (TNPA) Risk Assessment Study for Algoa Bay.

“Following the suspension of the lifting of the moratorium the Marine Notice (MN 1 of 2022) on the interim application process and requirements to conduct STS or Ship to Ship transfers and Bunkering operations outside of a port will be retracted.

“The application window for Bunkering licences for Algoa Bay will be extended until the finalisation of the Risk assessment Study.

“The South African Maritime Safety Authority (SAMSA) wishes to apologise for any inconvenience caused by this suspension and will continue to work with stakeholders in the bunkering space to reach a satisfactory conclusion.”

End