Section 17
of Prevention of Pollution of the Sea Order, 2005
Section 17
(1)
If any oil, oily mixture or noxious liquid substance is discharged from any ship into Brunei Darussalam waters or into any part of the sea or waters out-side Brunei Darussalam waters and the oil, mixture or substance subsequently flows or drifts 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 contamina-tion resulting from the discharge.
(2)
Where the oil, oily mixture or noxious liquid substance 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.
(3)
The reference in this section to the measures reasonably taken after the discharge of oil, oily mixture or a noxious liquid substance for the purpose of preventing or reducing any damage caused by contamination resulting from the discharge shall include actions taken to remove the oil, mixture or substance from the water and foreshores or the taking of such other actions as may be necessary to minimise or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, foreshores and beaches.
Recovery of costs for removing oil, oily mixture and substances discharged from terminal or apparatus.