Prevention of Pollution of the Sea Order, 2005 · As enacted · Part IV · Preventive Measures Against Pollution of the Sea
Section 14
Official textFrom Attorney General's Chambers, unchanged
If any actual or probable discharge of any harmful substance occurs in prescribed circumstances from a Brunei Darussalam ship into any part of the sea or from any ship into Brunei Darussalam waters, the master of the ship shall without delay report the occurrence in such manner and to such officer as may be prescribed.
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;
It is a defence if a person charged with an offence against subsection (1)
proves that he was unable to comply with that subsection in relation to the relevant occurrence.
Where a discharge referred to in subsection (1) occurs and -
the master of the ship is unable to comply with that subsection in relation to the occurrence; or
the discharge occurs in circumstances in which the ship is abandoned, the owner, charterer, manager and operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall without delay report the occurrence in such manner and to such officer as may be prescribed.
Any person who contravenes subsection (1) or (3) shall be guilty of an offence and liable on conviction to a fine not exceeding $5,000.
On the prosecution of a person for an offence under subsection (3), it is a defence if that person proves -
that he was not aware of the relevant occurrence; or
in the case of an offence to which paragraph (a) of subsection (3)
applies, that he neither knew nor suspected that the master of the ship concerned was unable to comply with subsection (1) in relation to the relevant occurrence.
Duty to report discharges of oil, oily mixture and substances from terminal or apparatus.
Terms defined in s 2
Brunei Darussalam ship
Defined · s 2"Brunei Darussalam ship" means a ship registered under Part I1 of the Merchant Shipping Order, 2002 (S 27/02);
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;
harmful substance
Defined · s 2"harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and-includes any substance subject to control under this Order;
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;
oily mixture
Defined · s 2"oily mixture" means a mixture with an oil content of 15 parts or more in 1,000,000 parts of the mixture;
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,
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;
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;
terminal
Defined · s 2"terminal" means any terminal, including an oil or gas terminal, jetty, pier or mono-buoy, and a yard or drydock, including the precincts thereof, in which vessels are constructed, reconstructed, repaired, refitted, finished or broken up;