Prevention of Pollution of the Sea Order, 2005 · s 33

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33. (1) The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, make such regulations as appear to the Minister necessary or expedient for the purposes of carrying out the provisions of this Order and for prescribing anything which may be prescribed under this Order and, in particular, for the purpose of -
(a) giving effect to any provision of the Convention which has not been given effect to in this Order;
(b) giving effect to any provision of the International Convention on
Oil Pollution Preparedness, Response and Co-operation 1990, including the
Final Act of the Conference and the attached resolutions, signed in London on 30th. November 1990;
(c) giving effect to any provision of any international agreement not mentioned in paragraph (a) or (b) which relates to the prevention, reduction or control of pollution of the sea or pollution from ships;
(d) giving effect to any international agreement which modifies any of the international agreements mentioned in paragraph (a), (b) or (c); and
(e) prescribing any measure which the Minister considers necessary for the prevention, control or reduction of pollution of the sea or pollution from ships.
(2) Without prejudice to the generality of subsection (I], the Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by such regulations -
(a) require persons carrying on any trade, business or manufacture to install such equipment as may be prescribed for the purpose of eliminating any oil in any trade effluent and for preventing or reducing the discharge of any trade effluent into Brunei Darussalam waters;
(b) require the owners or operators of cargo terminals, shipyards, oil refineries and oil terminals in Brunei Darussalam, and such other facilities in
Brunei Darussalam as the Authority may determine, to store such detergents dispersants and equipment as may be prescribed to deal with any pollution of Brunei Darussalam waters;
(c) provide for the conduct of investigations of casualties in respect of any discharge from a ship or any contravention of the provisions of this
Order;
(d) provide for the appointment, registration, duties and powers of
MARPOL surveyors and the approval of the organisation employing such surveyors for the purposes of giving effect of Annex I1 to the Convention;
(el prescribe fees to be paid in respect of the issue or recording of any certificate, license or other instrument or the doing of any other thing in pursuance of this Order;
(fl provide for the approval of documents and the carrying out of surveys and inspections for the purpose of giving effect to any of the international agreements referred to in paragraphs (a) to (d) of subsection (I.), or to a measure referred to in paragraph (e) of subsection (I), and the issue, duration and recognition of any certificate for that purpose;
(g) provide for the denial of entry or prohibition of proceeding to sea of any ship which does not have in force a certificate issued pursuant to any regulation made under this paragraph; and
(h) provide for the extra-territorial application of any of the regulations to Brunei Darussalam ships and to persons on board such ships.
(3) Any regulations made under this section may -
(a) make different provisions for different circumstances;
(b) empower any specified person to grant exemption from all or any of the provisions of the regulations;
(c) provide for the delegation of functions exercisable by virtue of the regulations;
(d) include such incidental, supplemental and transitional provisions as appear to the Minister, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, to be expedient for the purposes of the regulations; and
(e) provide that a contravention thereof shall be punishable by a fine not exceeding $20,000, imprisonment for a term not exceeding 2 years or both.
Repeal of section 25 of Chapter 144.

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s 33

(1)

The Minister may, with the approval of His Majesty the Sultan and

Yang Di-Pertuan, make such regulations as appear to the Minister necessary or expedient for the purposes of carrying out the provisions of this Order and for prescribing anything which may be prescribed under this Order and, in particular, for the purpose of -

(a)

giving effect to any provision of the Convention which has not been given effect to in this Order;

(b)

giving effect to any provision of the International Convention on

Oil Pollution Preparedness, Response and Co-operation 1990, including the

Final Act of the Conference and the attached resolutions, signed in London on 30th. November 1990;

(c)

giving effect to any provision of any international agreement not mentioned in paragraph (a) or (b) which relates to the prevention, reduction or control of pollution of the sea or pollution from ships;

(d)

giving effect to any international agreement which modifies any of the international agreements mentioned in paragraph (a), (b) or (c); and

(e)

prescribing any measure which the Minister considers necessary for the prevention, control or reduction of pollution of the sea or pollution from ships.

(2)

Without prejudice to the generality of subsection (I], the Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by such regulations -

(a)

require persons carrying on any trade, business or manufacture to install such equipment as may be prescribed for the purpose of eliminating any oil in any trade effluent and for preventing or reducing the discharge of any trade effluent into Brunei Darussalam waters;

(b)

require the owners or operators of cargo terminals, shipyards, oil refineries and oil terminals in Brunei Darussalam, and such other facilities in

Brunei Darussalam as the Authority may determine, to store such detergents dispersants and equipment as may be prescribed to deal with any pollution of Brunei Darussalam waters;

(c)

provide for the conduct of investigations of casualties in respect of any discharge from a ship or any contravention of the provisions of this

Order;

(d)

provide for the appointment, registration, duties and powers of

MARPOL surveyors and the approval of the organisation employing such surveyors for the purposes of giving effect of Annex I1 to the Convention;

(el prescribe fees to be paid in respect of the issue or recording of any certificate, license or other instrument or the doing of any other thing in pursuance of this Order;

(fl provide for the approval of documents and the carrying out of surveys and inspections for the purpose of giving effect to any of the international agreements referred to in paragraphs (a) to (d) of subsection (I.), or to a measure referred to in paragraph (e) of subsection (I), and the issue, duration and recognition of any certificate for that purpose;

(g)

provide for the denial of entry or prohibition of proceeding to sea of any ship which does not have in force a certificate issued pursuant to any regulation made under this paragraph; and

(h)

provide for the extra-territorial application of any of the regulations to Brunei Darussalam ships and to persons on board such ships.

(3)

Any regulations made under this section may -

(a)

make different provisions for different circumstances;

(b)

empower any specified person to grant exemption from all or any of the provisions of the regulations;

(c)

provide for the delegation of functions exercisable by virtue of the regulations;

(d)

include such incidental, supplemental and transitional provisions as appear to the Minister, with the approval of His Majesty the Sultan and

Yang Di-Pertuan, to be expedient for the purposes of the regulations; and

(e)

provide that a contravention thereof shall be punishable by a fine not exceeding $20,000, imprisonment for a term not exceeding 2 years or both.

Repeal of section 25 of Chapter 144.