Section 12
The Minister may, with the approval of His Majesty the Sultan and Yang
of Prevention of Pollution of the Sea Order, 2005
Di-Pertuan, make regulations requiring cargo record books to be carried in all
Brunei Darussalam ships and in all ships in Brunei Darussalam waters, being ships which carry noxious liquid substances in bulk, and requiring the master of any such ship to record in the cargo record book carried by it -
(a)
the carrying out, on board or in connection with the ship, of such of the following operations with respect to a noxious liquid substance as may be prescribed -
(i)
the loading of cargo;
(ii)
the internal transfer of cargo;
(iii)
the unloading of cargo;
(iv)
the cleaning of cargo tanks;
(v)
the ballasting of cargo tanks;
(vi)
the discharge of ballast from cargo tanks;
(vii)
the disposal of residues to reception facilities; or
(viii)
the discharge into the sea or removal by ventilation of residues in accordance with any regulation made under this
Order;
(b)
in the event of any such discharge of any noxious liquid substance or a mixture containing such substance as is referred to in subsection (2) of section 9 or in any regulation made under subsection (4) of section 9; and
(c)
any occasion on which the noxious liquid substance or a mixture containing such substance is discharged, whether intentionally or accidentally.
(2)
The Minister may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make regulations requiring the keeping of records relating to the transfer of noxious liquid substances to and from ships while they are in Brunei
Darussalam waters.
(3)
The requirements of any regulation made under subsection (2) shall be in addition to the requirements of any regulation made under subsection (1).
(4)
Any record required to be kept by any regulation made under subsection (2) shall be kept by the master of the ship.
(5)
Regulations made under this section requiring the carrying of cargo record books or the keeping of records may -
(a)
prescribe the form of the cargo record books or records and the nature of the entries to be made in them;
(b)
require the person providing or keeping the cargo record books or records to retain them for a prescribed period;
(c)
require that person, at the end of the prescribed period, to transmit the cargo record books or records to a place or person determined by the regulations; and
(dl provide for the custody or disposal of the cargo record books or records after their transmission to such a place or person.
Failure to carry record books and evidence.