Prevention of Pollution of the Sea Order, 2005 · As enacted · Part I
Section 4
Official textFrom Attorney General's Chambers, unchanged
Where a person is charged with an offence under section 3 as the terminal operator or as the person in charge of any apparatus, from which the oil or oily mixture is alleged to have been discharged, it shall be a defence to prove that the discharge of the oil or oily mixture was not due to any want of reasonable care, and that as soon as practicable after the discharge was discovered all reasonable steps were taken for stopping or reducing it.
terminal operator
"terminal operator" means a person or body of persons having the management of a terminal in Brunei Darussalam;
Without prejudice to subsection (I), it shall be a defence for the terminal operator who is charged with an offence under section 3 to prove that the discharge was caused by the act of a person who was in that place without the permission, either express or implied, of the terminal operator.
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;
Where a person is charged with an offence under section 3 in respect of the discharge of an oily mixture from a terminal, it shall, without prejudice to any other defence under this section, be a defence to prove that -
oily mixture
"oily mixture" means a mixture with an oil content of 15 parts or more in 1,000,000 parts of the mixture;
the oil was contained in an effluent produced by operations for the refining of oil;
it was not reasonably practicable to dispose of the effluent otherwise than by discharging it into Brunei Darussalam waters; and
all reasonably practicable steps had been taken for eliminating oil from the effluent.
Where it is proved that, at the time to which the charge relates, the surface of the waters into which the oily mixture was discharged or the land adjacent to those waters was fouled by oil, the defence under subsection (3) shall not apply unless the court is satisfied that the fouling was not caused, or contributed to, by oil contained in any effluent discharged at or before that time from that place.
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;
Where any oil or oily mixture is discharged in consequence of the removal of sunk, stranded or abandoned ships by a person employed by or acting on behalf of the Director in exercise of any power conferred by any written law, and apart from this subsection, the person employed by or acting on behalf of the
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;
Director would be guilty of an offence under section 3 in respect of that discharge, the person shall not be convicted of that offence unless it is shown that the person failed to take such steps, if any, as were reasonable in the circumstances for preventing, stopping or reducing the discharge.
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;
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;
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;
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;
Part III
Part IV