Prevention of Pollution of the Sea Order, 2005 · As enacted · Part VI
Section 22
Official textFrom Attorney General's Chambers, unchanged
If any ship is detained under subsection (2) of section 21 and the ship proceeds to sea before it is released by the Director, the master of the ship, the owner thereof and any person who sends the ship to sea, if that master, owner or person is party or privy to the act of sending the ship to sea, shall be guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.
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;
The Director or any officer authorised by the Director to detain a ship may, if he thinks it necessary, place a police officer on board as a guard, referred to in this section as a police guard.
Director
"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;
Where a ship proceeding to sea takes to sea when any officer authorised to detain the ship, police guard or inspector is on board in the execution of his duty, the owner and the master of the ship shall each be liable to pay all expenses of and incidental to the officer, police guard or inspector being so taken to sea, and shall also be liable to pay a sum not exceeding $2,000, or a sum not exceeding
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);
$200 for every day until the officer, police guard or inspector returns or until such time as would enable him after leaving the ship to return to the port from which he was taken, and the expenses ordered to be paid may be recoverable as a debt due to the Government.
port
"port" means any area in Brunei Darussalam declared to be a port under section 3 of the Ports Act;
Any police guard so placed on board a ship may take such steps as are necessary to prevent the ship from leaving the port.
Any person who opposes or in any way obstructs any officer authorised to detain the ship, a police guard or an inspector shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000.
Sale of ship.
Terms defined in s 2
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;
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);
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,
port
Defined · s 2"port" means any area in Brunei Darussalam declared to be a port under section 3 of the Ports Act;
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;