Prevention of Pollution of the Sea Order, 2005 · As enacted · Part III
Section 5
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2) and any regulation made under subsection (5), if any disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form occurs from any ship into Brunei
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;
Darussalam waters, the master, the owner and the agent of the ship shall each be
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,
BRUNEI DARUSSALAM GOVERNMENT GAZETTE 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.
Subsection (1) shall not apply to the disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form from a ship -
garbage
"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;
which is necessary for the purpose of securing the safety of a ship or saving life at sea; or
if the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form, as the case may be.
Subsection (1) shall not apply where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is lost at sea, and all reasonable precautions were taken to prevent the loss.
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;
For the purposes of subsection (2), damage to a ship or to its equipment shall be taken to be intentional damage if the damage arose in circumstances in which the master, the owner or the agent of the ship -
acted with intent to cause the damage; or
acted recklessly and with knowledge that damage would probably result.
The Minister may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make regulations to exempt any ship from the operation of subsection
, either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form or to the disposal or discharge thereof in prescribed circumstances, or in relation to particular areas of the sea.
Prohibition of discharge of oil or oily mixture from ships.
6, (1) Subject to subsection (2) and any regulation made under subsection (4), if any discharge of oil or oily mixture occurs from a Brunei Darussalam ship into any part of the sea or from any ship into Brunei Darussalam waters, the master, the owner and the agent of the ship shall each be guilty of an offence and liable on conviction to a fine of not less than $1,000 and not more than $1,000,000, imprisonment for a term not exceeding 2 years or both.
Subsection (1) shall not apply to the discharge of oil or oily mixture from a ship -
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;
which is necessary for the purpose of securing the safety of a ship or saving life at sea;
if the oil or oily mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the oil or oily mixture, as the case may be; or
in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by the Director and, where the discharge occurred in the jurisdiction of the government of a country other than
Brunei Darussalam, by that government.
For the purposes of subsection (2), damage to a ship or to its equipment shall be taken to be intentional damage if the damage arose in circumstances in which the master, the owner or the agent of the ship -
acted with intent to cause the damage; or
acted recklessly and with knowledge that damage would probably result.
The Minister may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make regulations to exempt any ship from the operation of subsection
, either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of oil or oily mixture or to the discharge of oil or oily mixture in prescribed circumstances, or in relation to particular areas of the sea.
Oil residues.
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);
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;
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;
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;
oil residues
Defined · s 2"oil residues" means any waste material consisting of, or arising from, oil or oily mixture;
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;
prescribed
Defined · s 2"prescribed" means prescribed by regulations made under this Order by the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan;
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.
Part IV