Prevention of Pollution of the Sea Order, 2005 · As enacted · Part VI
Section 20
Official textFrom Attorney General's Chambers, unchanged
An inspector may exercise the powers referred to in subsection (2) only for the purpose of ascertaining -
inspector
"inspector" means a person who - (a) is a surveyor of ships; or (b) is appointed as an inspector under section 117 of the Merchant Shipping Order, 2002 (S 27/02);
whether a provision of this Order that is applicable in relation to a
Brunei Darussalam ship has been complied with in respect of that ship;
Brunei Darussalam ship
"Brunei Darussalam ship" means a ship registered under Part I1 of the Merchant Shipping Order, 2002 (S 27/02);
whether there has been a discharge from a ship in contravention of this Order;
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;
whether a provision of the Convention that is applicable in relation to a ship other than a Brunei Darussalam ship has been complied with in respect of that ship; or
Convention
"Convention" means the Convention of 1973 as modified and added to by the Protocol of 1978;
whether a provision of a law of a country other than Brunei
Darussalam giving effect to the Convention, being a provision that is applicable in relation to a ship other than a Brunei Darussalam ship, has been complied with in respect of that ship.
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;
An inspector may for any of the purposes referred to in subsection (1) -
go on board a ship with such assistants and equipment as he considers necessary;
require the master of a ship to take such steps as the inspector directs to facilitate the boarding;
inspect and test any machinery or equipment of a ship;
require the master of a ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship;
(el open, or require the master of a ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship;
(fj require the master of a ship to produce a record book required by any regulation made under this Order to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship;
make copies of, or take extracts from, any such books, documents or records;
require the master of a ship to certify that a true copy of an entry in a record book required by any regulation made under this Order to be carried in the ship is a true copy of such an entry;
examine, and take samples of, any substances on board a ship; and ljl require a person to answer questions.
Any person who -
without reasonable excuse, refuses or fails to comply with a requirement made of him by an inspector in the exercise of his powers under subsection (2); or
in answer to a question that he is required to answer under subsection (2), makes a statement that is false or misleading in a material particular, shall be guilty of an offence and liable on conviction to a fine not exceeding
$5,000, imprisonment for a term not exceeding 6 months or both.
Power to deny entry and to detain ship.
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);
Convention
Defined · s 2"Convention" means the Convention of 1973 as modified and added to by the Protocol of 1978;
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;
inspector
Defined · s 2"inspector" means a person who - (a) is a surveyor of ships; or (b) is appointed as an inspector under section 117 of the Merchant Shipping Order, 2002 (S 27/02);
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;
tank
Defined · s 2"tank" means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk;