Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act · 2024 Revised Edition · Part 2
19. Power to detain ship
Official textFrom Attorney General's Chambers, unchanged
Where the Director has reasonable cause to believe that any oil has been discharged or has escaped from any ship or that a relevant threat of contamination has arisen, and the owner of that ship has incurred a liability under section 3 and the damage only affects, or is likely only to affect, the territory of Brunei Darussalam, the Director may detain the ship and the ship may be so detained until the owner of the ship deposits with the Director an amount which meets the owner’s liability or furnishes such security which will, in the opinion of the Director, be adequate to meet the owner’s liability.
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;
If any ship is detained under this Act and the ship proceeds to sea before it is released by the Director, the master of the ship, and also the owner thereof and any person who sends the ship to sea, if that owner or person is party or privy to the act of sending the ship to sea, is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 2 years or both.
Terms defined in s 2
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;
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;
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International Oil Pollution Compensation Fund
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