Prevention of Pollution of the Sea Order, 2005 · As enacted · Part IV · Preventive Measures Against Pollution of the Sea
Section 13
Official textFrom Attorney General's Chambers, unchanged
If any ship fails to carry an oil record book or cargo record book as is required under section 11 or 12, the owner, the agent or the master of that ship shall be guilty of an offence and liable on conviction to a fine not exceeding
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;
$5,000.
Any person who fails to comply with any of the requirements imposed by section 11 or 12 or any regulation made thereunder shall be guilty of an offence and liable on conviction to a fine not exceeding $5,000.
Any person who makes an entry in any oil record book or cargo record book carried or any record kept under section 11 or 12 which is to his knowledge false or misleading in any material particular shall be guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both.
oil
"oil" means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, other than petrochemicals which are prescribed by regulations as being subject to the provisions of Annex I1 of the Convention, and, without limiting the generality of the foregoing, includes the substances prescribed by regulations as being listed in Appendix I of Annex I of the Convention;
In any proceedings under this Order -
any oil record book or cargo record book carried or any record kept in pursuance of any regulation made under section 11 or 12 shall be admissible as evidence of the facts stated in it;
any copy of an entry in such oil record book or cargo record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of the entry shall be admissible as evidence of the facts stated in the entry; and
any document purporting to be an oil record book or cargo record book carried or a record kept under section 11 or 12, or purporting to be such a certified copy as is mentioned in paragraph (b) shall, unless the contrary is proved, be presumed to be such a book, record or copy, as the case may be.
Duty to report discharges of harmful substances from ships.
Terms defined in s 2
oil
Defined · s 2"oil" means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, other than petrochemicals which are prescribed by regulations as being subject to the provisions of Annex I1 of the Convention, and, without limiting the generality of the foregoing, includes the substances prescribed by regulations as being listed in Appendix I of Annex I of the Convention;
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 or the bareboat charterer of the ship; and, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator,
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;