LP 12/2019 Anchoring OPLs off Singapore is No Longer an Option

Mariners are now prohibited from anchoring at the eastern and western Singapore OPLs and may be detained or fined.

Vessels calling at the busy Singapore Straits have for many years anchored at the MPA-designated Outer Port Limits (OPL) to take bunkers and supplies, perform STS operations, clean cargo holds, transfer crews, await orders or simply enter into lay-up without port charges and pilotage fees. However, with the anchorages heavily congested with vessels, there have been an increasing number of collision incidents and reports on submarine cable damage. Neighboring countries Malaysia and Indonesia have also strengthened regulations over vessels encroaching their territorial waters since the eastern anchorage reached the entrance to the Singapore Straits in the South China Sea. Mariners are now prohibited from anchoring at the eastern and western OPLs and may be detained or fined in violation of the ordinance.

How the OPLs have changed over the years?

1. The eastern OPL anchorage is the narrow spaces between the Johor port limits and the Traffic Separations Scheme (TSS) through the Singapore Straits.
2. The western OPL anchorage, situated in the western approach to Singapore near the Port of Tanjung Pelepas, is the area bounded by the Singapore port limits, the Johor Bahru port limits and the TSS boundary. Vessels were allowed to anchor here in early days under loose regulations of the Malaysia authority.
3. A proliferation of vessels has been found anchoring off the TSS, posing great threat to the safety of navigation. Several cases of collision incidents within the OPLs and damage on submarine cables were reported. In 2001, both Singapore and Malaysia have published circulars to prohibit indiscriminate anchoring at non designated anchorages along the Straits of Malacca and Singapore, but no significant effect was observed. In 27 November 2019, IMO issued SN.1/Circ.282 (Safety of Navigation Information Concerning Anchoring in the Traffic Separation Scheme in the Straits of Malacca and Singapore) at the request of the Governments of Indonesia, Malaysia and Singapore. Follow-up circulars were then issued by all three countries, clearly defining the prohibited anchoring areas (see MPA Port Marine Circular 03/2017 and Malaysia Shipping Notice 35/2010 for details).
4. A maritime dispute in the waters off Tuas arose in 2018 between Malaysia and Singapore. On 25 October Malaysia gazetted P.U. (B) 587 extending eastward the Johor Bahru port limits beyond its territorial claims in 1979 and trespassing Singapore territorial waters. In response, Singapore published revised port limits in Port Marine Circular 09/2018, in which the port limits were extended westward to the 1999 claims, overlapping with the area previously alleged by Malaysia (see the chartlet below for reference). Anchoring in non-anchorage areas within the port limits was prohibited and the western OPL anchorage in the disputed waters was completely shut down. By the latest news, the two parties have come into an agreement on 8 April 2019 to suspend their claims and set their port limits in effect prior to Oct 25 and Dec 6 respectively (see MPA Port Marine Circular 06/2019 for details).
5. Ever since the crisis in 2008, it has been not uncommon for ships awaiting orders or in hot lay-up to anchor at the entrance to the Singapore Straits in the South China Sea. Many of them fall within the territorial waters of Malaysia and Indonesia where relative regulations have been reinforced. Among the many cases reported, a vessel was recently detained by the Indonesia Navy for illegal anchoring in waters around the island of Bintan. Not to mention the submarine cables to be aware of, the anchorage off Singapore is actually confined to a rather small area.

What are the risks of anchoring OPLs?

1. For vessels anchoring the OPL anchorage without pilotage, chances of damaging submarine cables can be high if the ship master is not familiar with the area.
2. IMO as well as the Governments of Singapore, Malaysia and Indonesia have made it clear that anchoring outside the designated anchorages is strictly prohibited. Offenders will be subject to fines and detentions by the littoral States and be reported to the flag State.
3. Vessels entering territorial waters of any of the littoral States without permission or anchoring in non-anchorage areas within the port limits will be liable for penalties as listed below:

• MPA issued Port Marine Circular 08/2019 prohibiting anchoring in all areas outside the designated anchorages and offenders may be liable for fines of up to SGD$20,000 upon conviction and SDG$2,000 for every day that the offence continues after conviction;
• Pursuant to Malaysian Shipping Notice 05/2014, if a vessel is anchoring in a non-anchorage area in Malaysia waters or intends to carry out any activities in the said notice without notifying the Director of Marine, the owner or agent of the ship, upon conviction, will be liable for fines of up to MYR100,000 or imprisonment for up to 2 years or both. In addition, the Marine Department Malaysia has the power to detain any vessel that fails to comply with the mandatory notification;
• Pursuant to Article 194 (3), Law of Indonesia No.17/2008 on Shipping, if a vessel is located within Indonesian waters, its clearance procedures are subject to local authorities even if the vessel is only anchored and is not planning to engage in cargo operations, taking supplies, crew change and etc. An agent must also be appointed. The law effective as of May 2008 was not strictly enforced until most recently to prevent smuggling. Based on such ground there came the striking incident in February where a vessel was detained by Indonesian Navy for illegal anchoring around the island of Bintan.

What suggestions do we offer?

1. It can be concluded that except in the east entrance to the Singapore Straits in the South China Sea, vessels can no longer drop anchor in the two OPL anchorages. In case any breach or claims arise, shipowners shall be urged to exercise vigilance with OPL operations and terms when making shipping arrangements or signing charter parties.
2. Vessels awaiting orders or cleaning cargo holds may anchor in the east entrance to the Singapore Straits in the South China Sea without entering Malaysia and Indonesian waters. Keep off the main passage and be cautious with submarine cables.
3. In a circumstance of emergency where vessels have no choice but to enter the territorial waters of the littoral States and anchor in non-designated anchorage:

• give notification to the Marine Department Malaysia at the nearest port office using the prescribed form via email or facsimile no later than 12 hours before the activity commences or by the agent in person during normal working hours (Malaysian Shipping Notice 05/2014);
• clear in and out of Indonesia through appointed agent for vessels located inside their territorial waters and not on innocent passage, as Indonesia requires activities such as STS operations, cargo operations and crew change are allowed only for Indonesian shipping companies with Indonesian flagged vessels manned by Indonesian crew (Indonesian Law No.17 of 2008).

For more information, please contact Managers of the Association.