Prevention of Pollution of the Sea Order, 2005 · As enacted · Part VI
Section 24
Official textFrom Attorney General's Chambers, unchanged
This Order shall not apply to any warship, naval auxiliary or other ship owned or operated by a State, including the Government, and used for the time being, only on government non-commercial service.
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 Minister may, in his discretion, exempt any ship or person or description of ships or persons from all or any of the provisions of this Order.
(31 Any exemption granted by the Minister under subsection (2) may be granted subject to such conditions as the Minister thinks fit and the exemption shall not have effect unless those conditions are complied with.
Power to enter on land.
25, (1) The Government may, by its officers, employees, or agents or contractors, enter upon any land adjoining the sea or foreshore for the purpose of removing or eliminating any oil, oily mixture, refuse, garbage, waste matter, plastics, marine pollutant in packaged form, noxious liquid substance or trade effluent from Brunei Darussalam waters.
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;
The Government shall pay compensation to the owner of the land for any permanent damage caused to the land arising out of the exercise of the powers conferred by subsection (1).
owner
"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,
Except as provided in subsection (2), the Government shall not be liable to pay any compensation in respect of any damage caused arising out of the exercise of the powers conferred by subsection (1).
Powers of arrest.
Terms defined in s 2
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;
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;
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;
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.