Section 12
Compulsory insurance against liability for oil pollution
of Merchant Shipping (CIVIL Liability and Compensation for Oil Pollution) Act
(1)
Subsection (2) applies to any ship carrying in bulk as cargo more than 2,000 tons of oil.
(2)
The ship shall not enter or leave any port in Brunei Darussalam or enter or leave the territorial sea of Brunei Darussalam nor, if it is a
Brunei Darussalam ship, enter or leave any port or territorial sea of any other country, unless there is in force a certificate complying with subsection (3)
and showing that there is in force in respect of the ship a contract of insurance or other security satisfying the requirements of Article VII of the
Liability Convention.
(3)
The certificate shall be —
(a)
if the ship is a Brunei Darussalam ship, a certificate issued by the Director;
(b)
if the ship is registered in a Liability Convention country other than Brunei Darussalam, a certificate issued by or under the authority of the government of that other Liability Convention country;
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
(c)
if the ship is registered in a country which is not a
Liability Convention country, a certificate issued by the Director or by or under the authority of the government of any Liability Convention country other than Brunei Darussalam.
(4)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by regulations provide that certificates in respect of ships registered in any country or any specified country which is not a
Liability Convention country shall, in such circumstances as may be specified in the regulations, be recognised for the purposes of subsection (3)(c) if the certificates are issued by or under the authority of the government of the country designated in the regulations in that behalf; and the country that may be so designated may be either or both of the following —
(a)
the country in which the ship is registered; and
(b)
any country specified in the regulations for the purposes of this subsection.
(5)
Any certificate required by this section to be in force in respect of a ship shall be carried in the ship and shall, on demand, be produced by the master to any person authorised by the Director and, if the ship is a
Brunei Darussalam ship, to any consular officer within the meaning of the
Merchant Shipping Order, 2002 (S 27/2002).
(6)
If a ship enters or leaves, or attempts to enter or leave a port or the territorial sea in contravention of subsection (2), the master or the owner of the ship is guilty of an offence and liable on conviction to a fine not exceeding $1 million.
(7)
If a ship fails to carry, or the master of a ship fails to produce, a certificate as required by subsection (5), the master of the ship is guilty of an offence and liable on conviction to a fine not exceeding $20,000.
(8)
If a ship attempts to leave a port in, or the territorial sea of,
Brunei Darussalam in contravention of this section, the ship may be detained by the Director, any police officer or any commissioned officer on full pay in the Royal Brunei Armed Forces.
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
B.L.R.O. 5/2024 19
(9)
Section 206 of the Merchant Shipping Order, 2002 (S 27/2002)
applies, with the necessary modifications, to the detention of a ship under this Act.