Subsidiary Legislation · As enacted
Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations, 2008
Official textFrom Attorney General's Chambers, unchanged
s 1These Regulations may be cited as the Prevention of Pollution of the Sea
(Noxious Liquid Substances in Bulk) Regulations, 2008.
Interpretation.
s 2In these Regulations, unless the context otherwise requires -
"Annex II" means Annex II to the Convention which contains regulations for the control of pollution by noxious liquid substances in bulk and which is set out in the First Schedule;
"authorised organisation" means an organisation authorised by regulations made under section 31 for the purposes of surveying ships and issuing certificates under that Order;
"BNLS Certificate" means a Brunei Darussalam Pollution Prevention
Certificate for the Carriage of Noxious Liquid Substances in Bulk issued by the Director or an authorised organisation under regulation 8;
"Organisation" means the International Maritime Organisation.
Application.
Annex II, with the exception of regulation 18 thereof, shall, subject to these Regulations, have the force of law in Brunei Darussalam.
A provision of Annex II interpreted or explained by a provision of these
Regulations shall be read as having the same meaning attributed by that provision.
4500
For the purposes of regulation 2(1) of Annex II, the reference to "all ships certified to carry noxious liquid substances in bulk" shall be read as a reference to -
Brunei Darussalam ships carrying in bulk noxious liquid substances or unassessed liquid substances; and
other ships carrying in bulk noxious liquid substances or unassessed liquid substances while they are in Brunei Darussalam waters, and these Regulations shall apply to such ships.
Exemptions.
s 4
The Director may grant exemptions from all or any of these Regulations including Annex II (as may be specified in the exemption) for any ship or class or description of ship as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Administration.
Except where provided in these Regulations, for the purposes of these
Regulations, references to the Administration shall be read as references to the
Director.
For the purposes of regulation 3(1.3) of Annex II, the reference to the
Administration shall be read as a reference to the Director.
For the purposes of regulations 4(4.1), 4(4.4), 5(3.5), 12(5), 13(3), 13(4.3),
13(5.ll, 13(6.1.3.1), 14(1), 16(8) and 17(1) and the Appendices of Annex II, references to the Administration shall be read as references to the Director or an authorised organisation.
For the purposes of these Regulations, references to an officer of the
Administration shall be read as references to a surveyor of ships, and references to a nominated surveyor, recognised organisation or organisation duly authorised shall be read as references to an authorised organisation.
For the purposes of regulation 15(6) of Annex II, the reference to the competent authority of the Government of a Party shall be read as a reference to the Director, an authorised organisation, a MARPOL surveyor or any person acting under the direction of the Director.
4501
For the purposes of regulation 16 of Annex II -
(a/ the reference to surveyor shall be read as a reference to a
MARPOL surveyor or, where there is no MARPOL surveyor at that port, the master; and
(b/ the reference to the Government of the receiving Party shall be read as a reference to a MARPOL surveyor or, where there is no MARPOL surveyor at that port, the master.
Powers to inspect.
A ship to which these Regulations apply shall be subject, in Brunei
Darussalam waters, to inspection by a surveyor of ships.
Any such inspection shall be limited to verifying that there is on board in relation to that ship a valid certificate referred to in regulation 9 or 10 of
Annex II or a valid BNLS Certificate unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that Certificate.
In the case referred to in sub-regulation (2), or if the ship does not carry a valid certificate ref erred to in regulation 9 or 10 of Annex II or a valid BNLS
Certificate, the surveyor of ships shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.
The Director may in such a case permit the ship to proceed to the nearest appropriate repair yard.
Upon receiving evidence that a particular ship has discharged noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances contrary to the provisions of these Regulations, the
Director shall cause the matter to be investigated by an inspector and shall inform the State which has reported the contravention as well as the Organisation of the action taken.
The Director may also cause a ship other than a Brunei Darussalam ship to be inspected by an inspector when it enters Brunei Darussalam waters if a request for an investigation is received from any State which is a Party to the
Convention together with sufficient evidence that the ship has discharged noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances contrary to the provisions of these Regulations in any place.
4502
The report of such investigation may be sent to the State requesting the investigation and the State in which the ship is registered.
Prohibition on proceeding to sea without Certificate.
The master of every ship to which these Regulations apply shall produce to the Director, at the time a clearance for the ship is demanded for a voyage from Brunei Darussalam to a port or place outside Brunei Darussalam waters, the relevant certificate referred to in regulation 9 or 10 of Annex II as appropriate to be in force when the ship proceeds to sea.
(Zl
A clearance shall not be granted, and the ship may be detained, until the certificate or certificates are so produced.
BNLS Certificate.
s 8( 1)
The Director or an authorised organisation shall, after a survey in accordance with the provisions of regulation 8 of Annex II which relates to any ship carrying noxious liquid substances in bulk which operates within
Brunei Darussalam waters and is not engaged in voyages to ports or off shore terminals under the jurisdiction of other Parties to the Convention, issue a BNLS
Certificate in such form as the Director may determine.
The BNLS Certificate shall be issued in the form set out in Appendix III of
Annex II modified in line with this regulation and approved by the Director.
Penalties.
s 9
If any ship fails to comply with any requirement of these Regulations, the owner and the master of the ship shall each be guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 2 years or both.
Exemption in certain circumstances.
s 10
For the purposes of section 9(4), the ships exempted from the operation of section 9(1) shall be such ships as are exempted from the prohibition of the discharge into the sea of a noxious liquid substance or of a mixture containing a noxious liquid substance in accordance with the provisions of Annex II.
Notification of proposal to carry substances.
s 11
For the purposes of section 8, where a person proposes to export or import any noxious liquid substance referred to in regulation 6(3) of Annex II by having 4503
BRUNEI DARUSSALAM GOVERNMENT GAZETTE that liquid substance carried in bulk in a ship, that person or the master of the ship shall notify the Director or the Authority or an officer designated by the
Director or the Authority at least 24 hours before the estimated time of departure or arrival of the ship and by such means as the Director or the Authority may determine.
Fees.
s 12
The fees set out in the Second Schedule shall be payable to the Director in respect of the services provided by the Director specified in that Schedule.