Prevention of Pollution of the Sea Order, 2005 · As enacted · Part IV · Preventive Measures Against Pollution of the Sea
12. The Minister may, with the approval of His Majesty the Sultan and Yang
Official textFrom Attorney General's Chambers, unchanged
Di-Pertuan, make regulations requiring cargo record books to be carried in all
Brunei Darussalam ships and in all ships in Brunei Darussalam waters, being ships which carry noxious liquid substances in bulk, and requiring the master of any such ship to record in the cargo record book carried by it -
ship
"ship" means a vessel of any type operating in the marine environment and includes hydrofoil boats, air cushion vehicles, submersibles, floating craft and fixed or floating platforms;
the carrying out, on board or in connection with the ship, of such of the following operations with respect to a noxious liquid substance as may be prescribed -
noxious liquid substance
"noxious liquid substance" means any substance which is prescribed by regulations as being a noxious liquid substance and which is subject to the provisions of Annex I1 of the Convention;
the loading of cargo;
the internal transfer of cargo;
the unloading of cargo;
the cleaning of cargo tanks;
the ballasting of cargo tanks;
the discharge of ballast from cargo tanks;
the disposal of residues to reception facilities; or
the discharge into the sea or removal by ventilation of residues in accordance with any regulation made under this
Order;
in the event of any such discharge of any noxious liquid substance or a mixture containing such substance as is referred to in subsection (2) of section 9 or in any regulation made under subsection (4) of section 9; and
discharge
"discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship, and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying but does not include - (a) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 13th. November, 1972; (b) release of harmful substances directly arising from the exploration, exploitation and associated offshore processing of seabed mineral resources; or (c) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control;
any occasion on which the noxious liquid substance or a mixture containing such substance is discharged, whether intentionally or accidentally.
The Minister may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make regulations requiring the keeping of records relating to the transfer of noxious liquid substances to and from ships while they are in Brunei
Darussalam waters.
The requirements of any regulation made under subsection (2) shall be in addition to the requirements of any regulation made under subsection (1).
Any record required to be kept by any regulation made under subsection (2) shall be kept by the master of the ship.
Regulations made under this section requiring the carrying of cargo record books or the keeping of records may -
prescribe the form of the cargo record books or records and the nature of the entries to be made in them;
require the person providing or keeping the cargo record books or records to retain them for a prescribed period;
require that person, at the end of the prescribed period, to transmit the cargo record books or records to a place or person determined by the regulations; and
(dl provide for the custody or disposal of the cargo record books or records after their transmission to such a place or person.
Failure to carry record books and evidence.
Terms defined in s 2
Brunei Darussalam waters
Defined · s 2"Brunei Darussalam waters" means the following waters - (a) the whole of the sea within the seaward limits of the territorial waters of Brunei Darussalam: and (b) all other waters, including inland waters, which are within these limits and are subject to the ebb and flow of the ordinary tides;
discharge
Defined · s 2"discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship, and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying but does not include - (a) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 13th. November, 1972; (b) release of harmful substances directly arising from the exploration, exploitation and associated offshore processing of seabed mineral resources; or (c) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control;
noxious liquid substance
Defined · s 2"noxious liquid substance" means any substance which is prescribed by regulations as being a noxious liquid substance and which is subject to the provisions of Annex I1 of the Convention;
prescribed
Defined · s 2"prescribed" means prescribed by regulations made under this Order by the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan;
reception facilities
Defined · s 2"reception facilities" means facilities which enable ships to discharge or deposit residues and mixtures, which residues and mixtures contain oil or noxious liquid substances;
ship
Defined · s 2"ship" means a vessel of any type operating in the marine environment and includes hydrofoil boats, air cushion vehicles, submersibles, floating craft and fixed or floating platforms;