Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act · 2024 Revised Edition · Part 2
12. Compulsory insurance against liability for oil pollution
Official textFrom Attorney General's Chambers, unchanged
Subsection (2) applies to any ship carrying in bulk as cargo more than 2,000 tons of oil.
The ship shall not enter or leave any port in Brunei Darussalam or enter or leave the territorial sea of Brunei Darussalam nor, if it is a
port
“port” means any area in Brunei Darussalam declared to be a port under section 3 of the Maritime and Port Authority of Brunei Darussalam Act;
Brunei Darussalam ship, enter or leave any port or territorial sea of any other country, unless there is in force a certificate complying with subsection (3)
Brunei Darussalam ship
“Brunei Darussalam ship” means a Brunei Darussalam ship or a Brunei Darussalam licensed ship as defined in section 2(1) of the Merchant Shipping Order, 2002;
and showing that there is in force in respect of the ship a contract of insurance or other security satisfying the requirements of Article VII of the
Liability Convention.
Liability Convention
“Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1992;
The certificate shall be —
if the ship is a Brunei Darussalam ship, a certificate issued by the Director;
if the ship is registered in a Liability Convention country other than Brunei Darussalam, a certificate issued by or under the authority of the government of that other Liability Convention country;
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
if the ship is registered in a country which is not a
Liability Convention country, a certificate issued by the Director or by or under the authority of the government of any Liability Convention country other than Brunei Darussalam.
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by regulations provide that certificates in respect of ships registered in any country or any specified country which is not a
Liability Convention country shall, in such circumstances as may be specified in the regulations, be recognised for the purposes of subsection (3)(c) if the certificates are issued by or under the authority of the government of the country designated in the regulations in that behalf; and the country that may be so designated may be either or both of the following —
Liability Convention country
“Liability Convention country” means a country in respect of which the Liability Convention in force; Merchant Shipping (Civil Liability and Compensation for Oil Pollution)
the country in which the ship is registered; and
any country specified in the regulations for the purposes of this subsection.
Any certificate required by this section to be in force in respect of a ship shall be carried in the ship and shall, on demand, be produced by the master to any person authorised by the Director and, if the ship is a
master
“master” includes every person, except a pilot, having command or charge of a ship;
Brunei Darussalam ship, to any consular officer within the meaning of the
Merchant Shipping Order, 2002 (S 27/2002).
If a ship enters or leaves, or attempts to enter or leave a port or the territorial sea in contravention of subsection (2), the master or the owner of the ship is guilty of an offence and liable on conviction to a fine not exceeding $1 million.
owner
“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
If a ship fails to carry, or the master of a ship fails to produce, a certificate as required by subsection (5), the master of the ship is guilty of an offence and liable on conviction to a fine not exceeding $20,000.
If a ship attempts to leave a port in, or the territorial sea of,
Brunei Darussalam in contravention of this section, the ship may be detained by the Director, any police officer or any commissioned officer on full pay in the Royal Brunei Armed Forces.
Director
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Order, 2002 and includes the Deputy Director of Marine;
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
oil
“oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of ship;
Section 206 of the Merchant Shipping Order, 2002 (S 27/2002)
applies, with the necessary modifications, to the detention of a ship under this Act.
Terms defined in s 2
Brunei Darussalam ship
Defined · s 2“Brunei Darussalam ship” means a Brunei Darussalam ship or a Brunei Darussalam licensed ship as defined in section 2(1) of the Merchant Shipping Order, 2002;
Director
Defined · s 2“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Order, 2002 and includes the Deputy Director of Marine;
Liability Convention
Defined · s 2“Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1992;
Liability Convention country
Defined · s 2“Liability Convention country” means a country in respect of which the Liability Convention in force; Merchant Shipping (Civil Liability and Compensation for Oil Pollution)
master
Defined · s 2“master” includes every person, except a pilot, having command or charge of a ship;
oil
Defined · s 2“oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of ship;
owner
Defined · s 2“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
port
Defined · s 2“port” means any area in Brunei Darussalam declared to be a port under section 3 of the Maritime and Port Authority of Brunei Darussalam Act;
Part
International Oil Pollution Compensation Fund
Part