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bruneilawsby aturio
In forceAs enacted
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Part IV · Preventive Measures Against Pollution of the Sea

10. Reception facilities

(1)

The powers exercisable by the Authority in respect of the port shall include power to provide reception facilities for ships using the port or any terminal in Brunei Darussalam.

(2)

Any power of the Authority to provide reception facilities shall include -

(a)

power to join with any other person in providing them, and reference in this section to the provision of reception facilities by the

Authority shall be construed accordingly;

(b)

power to arrange for the provision of such facilities by any other person;

(c)

power to require every ship to use the facilities; and

(d)

power to provide reception facilities within the limits of the port.

(3)

Subject to any direction given by the Minister under subsection (5), the

Authority in respect of the port and a terminal operator in respect of his terminal shall ensure that -

(a)

if the port or terminal has reception facilities, those facilities are adequate; or

(b)

if the port or terminal has no reception facilities, such facilities are provided,

BRUNEI DARUSSALAM GOVERNMENT GAZETTE in order to comply, for ships which may be expected to use the port or terminal for a primary purpose other than utilising reception facilities, with the provisions of any regulation made under this Order pertaining to the provision of reception facilities.

(4)

The Authority or a terminal operator shall provide the Minister with such information as the Minister directs in respect of any reception facilities provided by or by arrangement with the Authority or the terminal operator at the port or terminal, as the case may be.

(5)

Where it appears to the Minister, after consultation with any organisation appearing to the Minister to be the representative of owners of ships registered in Brunei Darussalam, the Authority and, where appropriate, the terminal operator, that if the port or a terminal managed by the operator -

(a)

has reception facilities, those facilities are inadequate; or

(b)

has no reception facilities, the port or terminal should be provided with such facilities, in order to comply, for ships which may be expected to use the port or terminal for a primary purpose other than utilising the reception facilities, with the provisions of any regulation made under this Order pertaining to the provision of reception facilities, the Minister may direct the Authority or the terminal operator to provide or arrange for the provision of such reception facilities as appropriate.

(6)

Any person who fails to comply with any direction given under subsection (4) or (5) within the period specified in the direction, or within any extended period allowed by the Minister, whether before or after the end of the period so specified, shall be guilty of an offence and liable on conviction. to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.

(7)

Subsections (3) to (6) shall not apply unless the port or a terminal managed by a terminal operator is -

(a)

in relation to the provision of reception facilities for residues or mixtures containing oil, used by ships carrying such residues or mixtures including such ships when undergoing repair or being broken up; or

(b)

in relation to the provision of reception facilities for residues or mixtures containing noxious liquid substances, used by ships carrying such residues or mixtures for the purpose of loading or unloading such substances, repair or breaking up.

(8)

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

Di-Pertuan, make regulations in respect of every matter relating to the provision of reception facilities and other facilities for ships to deposit refuse, garbage, plastics or sewage and, in particular, those regulations may provide -

(a)

for fees to be levied for the use of the facilities;

(b)

for the conditions upon which ships may make use of the facilities;

and

(c)

that a contravention thereof shall be punishable by a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.

Regulations requiring keeping of oil record books.

Report

Read on from s 11

Part V

Read on from Part V

Part VI

Read on from Part VI