Prevention of Pollution of the Sea Order, 2005 · As enacted · Part V
Section 16
Official textFrom Attorney General's Chambers, unchanged
If any refuse, garbage, waste matter, plastics, marine pollutant in packaged form or trade effluent is discharged from any ship into Brunei
garbage
"garbage" means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;
Darussalam waters or into any part of the sea or waters outside Brunei
Darussalam waters and the refuse, garbage, waste matter, plastics, marine pollutant or trade effluent subsequently drifts or flows into Brunei Darussalam waters, the owner of the ship shall be liable to pay for the costs of any measure reasonably taken by the Director or the appointed authority after the discharge for the purpose of removing it and for preventing or reducing any damage caused in Brunei Darussalam by contamination resulting from the discharge.
plastics
"plastics" includes, but is not limited to, synthetic ropes, synthetic fishing nets and plastic garbage bags;
Where the refuse, garbage, waste matter, plastics, marine pollutant in packaged form or trade effluent is discharged from 2 or more ships -
marine pollutant
"marine pollutant" means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time;
a liability is incurred under this section by the owner of each of them; but
the damage or cost of which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable, each of the owners shall be liable, jointly and severally with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.
Recovery of costs for removing oil, oily mixture and substances discharged from ships.
Terms defined in s 2
appointed authority
Defined · s 2"appointed authority" means the Ports Department and any person appointed by the Minister for the purposes of this Order;
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;
Director
Defined · s 2"Director" means the Director of Marine appointed under section 4 of the Merchant Shipping Order, 2002 (S 27/02), and includes the Deputy Director of Marine;
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;
garbage
Defined · s 2"garbage" means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;
in packaged form
Defined · s 2"in packaged form" means in an individual package or receptacle, including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment;
marine pollutant
Defined · s 2"marine pollutant" means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time;
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,
plastics
Defined · s 2"plastics" includes, but is not limited to, synthetic ropes, synthetic fishing nets and plastic garbage bags;
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;
trade effluent
Defined · s 2"trade effluent" means the solid or liquid waste of any trade, business or manufacture.