Section 14
of Prevention of Pollution of the Sea Order, 2005
Section 14
(I)
If any actual or probable discharge of any harmful substance occurs in prescribed circumstances from a Brunei Darussalam ship into any part of the sea or from any ship into Brunei Darussalam waters, the master of the ship shall without delay report the occurrence in such manner and to such officer as may be prescribed.
(2)
It is a defence if a person charged with an offence against subsection (1)
proves that he was unable to comply with that subsection in relation to the relevant occurrence.
(3)
Where a discharge referred to in subsection (1) occurs and -
(a)
the master of the ship is unable to comply with that subsection in relation to the occurrence; or
(b)
the discharge occurs in circumstances in which the ship is abandoned, the owner, charterer, manager and operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall without delay report the occurrence in such manner and to such officer as may be prescribed.
(4)
Any person who contravenes subsection (1) or (3) shall be guilty of an offence and liable on conviction to a fine not exceeding $5,000.
(5)
On the prosecution of a person for an offence under subsection (3), it is a defence if that person proves -
(a)
that he was not aware of the relevant occurrence; or
(b)
in the case of an offence to which paragraph (a) of subsection (3)
applies, that he neither knew nor suspected that the master of the ship concerned was unable to comply with subsection (1) in relation to the relevant occurrence.
Duty to report discharges of oil, oily mixture and substances from terminal or apparatus.