Prevention of Pollution of the Sea Order, 2005 · As enacted · Part V
Section 18
Official textFrom Attorney General's Chambers, unchanged
If any oil, oily mixture or noxious liquid substance is discharged from a terminal or from any apparatus used for transferring the oil, mixture or substance from or to any ship, whether to or from a terminal or to or from another ship, or for any other operation, the person in charge of that apparatus or the terminal operator, as the case may be, shall be liable to pay for the costs of any measure reasonably taken by the Director or the appointed authority after the discharge in removing or eliminating the oil, mixture or substance.
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;
Costs recoverable as debt to Government.
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;
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;
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;
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;
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;
terminal operator
Defined · s 2"terminal operator" means a person or body of persons having the management of a terminal in Brunei Darussalam;