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27 1991

SEA POLLUTION ACT, 1991

PART II

Prevention of Pollution

Prohibition on discharge of oil and other substances.

10. —(1) To give full effect to the purposes of this Act, the Minister may make regulations—

(a) prohibiting or regulating the discharge anywhere at sea from a ship registered in the State or the discharge in the State from any ship of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage;

(b) governing prescribed operations on board ship relating to any such substance carried on the ship.

(2) The owner and the master of a ship in respect of which there is a contravention of regulations under this section shall be guilty of an offence.

(3) Regulations under this section may relate to ships generally or to any class of ship, to substances generally or any description of substance, and be made subject to such conditions and such exemptions as may be prescribed.

(4) The Minister may by regulations provide that any prescribed substance shall, for the purposes of this Act, be a harmful substance, a noxious liquid substance, an oil or oily mixture, sewage or garbage.

(5) The Minister may by regulations require the notification at such time and in such manner as may be prescribed, by the master or owner of a ship carrying any prescribed substance of any intent to load or unload any such substance in the State.

Saver for discharges in certain circumstances.

11. —Regulations under section 10 shall not apply to—

(a) the discharge into the sea of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage for the purpose of—

(i) securing the safety of a ship, or

(ii) saving life at sea,

if such discharge was, having regard to all the circumstances, necessary and reasonable; or

(b) the discharge into the sea of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage which resulted from any damage to the ship, or to its equipment provided that all reasonable steps have been taken after the occurrence of the damage or, as the case may be, the discovery of the discharge, to prevent or minimise the discharge and the owner or the master did not act with intent to cause damage or recklessly; or

(c) the discharge into the sea of any prescribed substance for the purpose of minimising the damage from pollution, provided that the discharge was sanctioned by or on behalf of the Minister.

Facilities for disposal of oily residues and other substances.

12. —(1) Whenever the Minister is of opinion, in relation to any harbour in the State, that—

(a) facilities for the discharge or disposal of oil, oily mixtures, noxious liquid substances, harmful substances, sewage or garbage are necessary, or

(b) that the facilities which exist at the harbour for such discharge or such disposal are inadequate,

he may, by regulations, require—

(i) where there is a harbour authority in charge of the harbour, the harbour authority, and

(ii) in any other case, the person under whose control the harbour is,

to make such provision as may be specified in the regulations for such discharge or such disposal.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters:

(a) the manner in which oil, oily mixtures, noxious liquid substances, harmful substances, sewage and garbage may be discharged from a ship;

(b) the disposal of any such substance so discharged;

(c) the facilities for such discharge or such disposal to be provided by a harbour authority or, as the case may be, the person having control of the harbour;

(d) the time within which such facilities are to be provided;

(e) the circumstances under which an extension of the time for the provision of such facilities may be granted;

(f) the manner in which, and the time within which, an application for such extension of time may be made.

(3) A harbour authority or person having control of a harbour providing facilities for the discharge or disposal of oil, oily mixtures, noxious liquid substances, harmful substances, sewage or garbage in pursuance of regulations under this section may make reasonable charges and impose reasonable conditions in respect of the use of any facilities so provided.

(4) A person who contravenes a regulation under this section shall be guilty of an offence.

Report of discharge in State or into harbour or prescribed area.

13. —(1) Whenever—

(a) there is a discharge or probable discharge in the State or in any prescribed area outside the State of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage resulting from damage to a ship, or for the purpose of securing the safety of a ship, or saving human life, or

(b) there is, during the operation of a ship in the State or any such prescribed area, a discharge or probable discharge of any such substance in excess of the quantity, if any, permitted by regulations under section 10 ,

the owner or the master of the ship shall forthwith report the fact and cause of the incident to the Minister or, if it occurred in a harbour, to the harbour-master or person having control of the harbour.

(2) The harbour-master or person having control of the harbour shall forthwith report the incident to the Minister.

(3) Every report under this section shall specify—

(a) the nature of the incident;

(b) the identity of the ship or ships concerned;

(c) the time, type and location of the incident;

(d) the quantity and type of substance involved in the discharge;

(e) any assistance or salvage measures involved in the incident.

(4) The Minister may by regulations make such provision as he thinks proper in relation to the making of a report under this section.

(5) Any person who contravenes this section or any regulation thereunder shall be guilty of an offence.

Equipment etc., of ships to prevent pollution.

14. —(1) The Minister may by regulations require the owner or master of a ship, or ship of a prescribed class, registered in the State to have such ship—

(a) constructed, fitted or operated in such manner as may be specified in the regulations, and

(b) comply with such other requirements as may be so specified,

so as to prevent, control or reduce the discharge into the sea of oil, oily mixtures, noxious liquid substances, harmful substances, sewage or garbage.

(2) Any person being the owner or master of a ship who contravenes any regulation under this section shall be guilty of an offence.

Keeping of records.

15. —(1) The master of a ship to which section 14 applies shall keep—

(a) such records as may be prescribed of operations on board his ship in relation to any prescribed substance;

(b) such records as may be prescribed of the discharge of any prescribed substance resulting from damage to a ship, or for the purpose of—

(i) securing the safety of a ship, or

(ii) saving life at sea, or

(c) such records as may be prescribed of the discharge of any substance, in excess of the quantity, if any, permitted by regulations under section 10 .

(2) The Minister may, in regulations under subsection (1), make provision for all or any of the following matters in relation to any prescribed substance—

(a) the manner and form in which any records required under this section should be kept;

(b) the custody and preservation of any such records;

(c) the disposal of any such records;

(d) the making available of any such records for inspection;

(e) such other and incidental matters as appear to the Minister to be necessary.

(3) Any person who—

(a) contravenes this section or any regulation made thereunder, or

(b) makes in any record required to be kept under this section any entry or alteration which is to his knowledge false or misleading in a material respect,

shall be guilty of an offence.

Application of sections 14 and 15 to foreign ships.

16. Sections 14 and 15 shall apply in relation to a ship and the owner and master of a ship registered in a country other than the State whilst that ship is in the State as if the ship was registered in the State.