Prevention of Pollution of the Sea Order, 2005 · As enacted · Part III
Section 9
Official textFrom Attorney General's Chambers, unchanged
(11 Subject to subsection (21 and any regulation made under subsection (4), if any discharge of a noxious liquid substance, or of a mixture containing a noxious liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a Brunei Darussalam ship into 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 not exceeding
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;
$10,000, imprisonment for a term not exceeding 2 years or both.
Subsection (1) shall not apply to the discharge of a noxious liquid substance or a mixture containing such substance from a ship -
noxious liquid substance
"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;
which is necessary for the purpose of securing the safety of a ship or saving life at sea;
if the substance or the 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 substance or the mixture, as the case may be; or
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 -
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;
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
(I.), 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 noxious liquid substances or mixtures containing such substances or to the discharge of such substances or mixtures in prescribed circumstances, or in relation to particular areas of the sea.
prescribed
"prescribed" means prescribed by regulations made under this Order by the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan;
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;
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;
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,
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;
Part IV