Section 16
of Prevention of Pollution of the Sea Order, 2005
Section 16
(1)
If any refuse, garbage, waste matter, plastics, marine pollutant in packaged form or trade effluent is discharged from any ship into Brunei
Darussalam waters or into any part of the sea or waters outside Brunei
Darussalam waters and the refuse, garbage, waste matter, plastics, marine pollutant or trade effluent subsequently drifts or flows into Brunei Darussalam waters, the owner of the ship shall be liable to pay for the costs of any measure reasonably taken by the Director or the appointed authority after the discharge for the purpose of removing it and for preventing or reducing any damage caused in Brunei Darussalam by contamination resulting from the discharge.
(2)
Where the refuse, garbage, waste matter, plastics, marine pollutant in packaged form or trade effluent is discharged from 2 or more ships -
(a)
a liability is incurred under this section by the owner of each of them; but
(b)
the damage or cost of which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable, each of the owners shall be liable, jointly and severally with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.
Recovery of costs for removing oil, oily mixture and substances discharged from ships.