Hazardous Waste (Control of Export, Import and Transit) Act · 2024 Revised Edition · Part · Enforcement
29. Power to control movement of vessels and aircraft etc.
Official textFrom Attorney General's Chambers, unchanged
This section applies if the Director or an authorised officer has reasonable grounds for suspecting that there is in or on —
Director
“Director” means the Director of Environment, Parks and Recreation referred to in section 14 and includes the Deputy Director and Assistant Directors;
a Brunei Darussalam vessel or Brunei Darussalam aircraft; or
a vessel or an aircraft that is within the jurisdiction of
Brunei Darussalam, hazardous or other waste that is to be, or that has been, imported, exported or the subject of a transit proposal.
If this section applies in relation to a vessel, the Director or an authorised officer may require the master or the person in command or charge, or who appears to be in command or charge, of the vessel to do one or more of the following —
vessel
“vessel” means anything capable of carrying persons or goods through or on water, and includes an air-cushion vehicle or similar craft;
ensure that the vessel does not remain within, or does not come within, as the case requires, the jurisdiction of
Brunei Darussalam;
ensure that the vessel is brought to a specified place to which it is safe and practicable to bring the vessel;
ensure that the vessel remains at a specified place until the
Director or the authorised officer permits the vessel to leave;
arrange for goods being carried on the vessel to be unloaded;
ensure that goods being carried on the vessel are not unloaded until the Director or the authorised officer permits their unloading.
If this section applies in relation to an aircraft, the Director or an authorised officer may require the person in command or control, or who appears to be in command or control, of the aircraft to do one or more of the following —
authorised officer
“authorised officer” means a person appointed under section 15 as an authorised officer;
ensure that the aircraft does not remain within, or does not come within, as the case requires, the jurisdiction of
Brunei Darussalam;
Hazardous Waste (Control of Export,
Import and Transit)
ensure that the aircraft is landed at a specified airport at which it is safe and practicable to land the aircraft;
ensure that the aircraft remains at a specified airport until the
Director or the authorised officer permits the aircraft to leave;
arrange for goods being carried on the aircraft to be unloaded;
ensure that goods being carried on the aircraft are not unloaded until the Director or the authorised officer permits their unloading.
The Director or an authorised officer may communicate a requirement under this section by means of —
an international signal code;
if the requirement relates to a vessel, any other internationally recognised means of communication with a vessel; or
if the requirement relates to an aircraft, any other internationally recognised means of communication with an aircraft.
Any person who refuses or fails, without reasonable excuse, to comply with a requirement made under this section is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both.
It is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would have endangered the person or any other person.
Terms defined in s 2
authorised officer
Defined · s 2“authorised officer” means a person appointed under section 15 as an authorised officer;
Brunei Darussalam aircraft
Defined · s 2“Brunei Darussalam aircraft” means an aircraft that is registered in Brunei Darussalam;
Brunei Darussalam vessel
Defined · s 2“Brunei Darussalam vessel” means a vessel that is registered in Brunei Darussalam;
Director
Defined · s 2“Director” means the Director of Environment, Parks and Recreation referred to in section 14 and includes the Deputy Director and Assistant Directors;
transit proposal
Defined · s 2“transit proposal” has the meaning given to it by section 6; Hazardous Waste (Control of Export, Import and Transit)
vessel
Defined · s 2“vessel” means anything capable of carrying persons or goods through or on water, and includes an air-cushion vehicle or similar craft;
waste
Defined · s 2“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.
Part