Section 2

the whole of the sea within the seaward limits of the territorial waters of Brunei Darussalam: and

all other waters, including inland waters, which are within these limits and are subject to the ebb and flow of the ordinary tides;

"Convention" means the Convention of 1973 as modified and added to by the Protocol of 1978;

"Convention of 1973" means the International Convention for the

Prevention of Pollution from Ships, including its protocols, annexes and appendices, which constitutes attachment 1 to the final act of the

International Conference on Marine Pollution signed in London on 2nd. November, 1973;

''country'' includes a territory;

"Director" means the Director of Marine appointed under section 4 of the Merchant Shipping Order, 2002 (S 27/02), and includes the Deputy

Director of Marine;

"discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship, and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying but does not include -

dumping within the meaning of the Convention on the

Prevention of Marine Pollution by Dumping of Wastes and Other

Matter, done at London on 13th. November, 1972;

release of harmful substances directly arising from the exploration, exploitation and associated offshore processing of seabed mineral resources; or

release of harmful substances for purposes of legitimate scientific research into pollution abatement or control;

"garbage" means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;

"harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and-includes any substance subject to control under this Order;

"in packaged form" means in an individual package or receptacle, including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment;

"inspector" means a person who -

is a surveyor of ships; or

is appointed as an inspector under section 117 of the Merchant

Shipping Order, 2002 (S 27/02);

"marine pollutant" means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time;

"MARPOL" refers to the Convention;

"MARPOL surveyor" means a surveyor appointed or registered by the

Director or by or on behalf of the Government of a State Party to the

Convention;

"master'' includes every person, except a pilot, having command or charge of any ship;

"Minister" means the Minister of Communications;

"noxious liquid substance" means any substance which is prescribed by regulations as being a noxious liquid substance and which is subject to the provisions of Annex I1 of the Convention;

"oil" means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, other than petrochemicals which are prescribed by regulations as being subject to the provisions of Annex I1

of the Convention, and, without limiting the generality of the foregoing, includes the substances prescribed by regulations as being listed in

Appendix I of Annex I of the Convention;

"oil residues" means any waste material consisting of, or arising from, oil or oily mixture;

"oil terminal" means any place having permanent means of loading or discharging oil, whether in bulk or package into or from any ship;

"oily mixture" means a mixture with an oil content of 15 parts or more in 1,000,000 parts of the mixture;

"owner", in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship or the bareboat charterer of the ship; and, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, "owner" shall include such State;

"plastics" includes, but is not limited to, synthetic ropes, synthetic fishing nets and plastic garbage bags;

"port" means any area in Brunei Darussalam declared to be a port under section 3 of the Ports Act (Chapter 144);

"prescribed" means prescribed by regulations made under this Order by the Minister with the approval of His Majesty the Sultan and Yang

Di-Pertuan;

"Protocol of 1978" means the Protocol relating to the Convention of 1973 which constitutes attachment 2 to the final act of the International

Conference on Tanker Safety and Pollution Prevention signed in London on 17th. February, 1978;

"reception facilities" means facilities which enable ships to discharge or deposit residues and mixtures, which residues and mixtures contain oil or noxious liquid substances;

"ship" means a vessel of any type operating in the marine environment and includes hydrofoil boats, air cushion vehicles, submersibles, floating craft and fixed or floating platforms;

"surveyor 1' means a person appointed to be a surveyor of ships or a radio surveyor under section 5 of the Merchant Shipping Order, 2002

(S 27/02);

"tank" means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk;

"terminal" means any terminal, including an oil or gas terminal, jetty, pier or mono-buoy, and a yard or drydock, including the precincts thereof, in which vessels are constructed, reconstructed, repaired, refitted, finished or broken up;

"terminal operator" means a person or body of persons having the management of a terminal in Brunei Darussalam;

"trade effluent" means the solid or liquid waste of any trade, business or manufacture.

For the purpose of any provision of this Order relating to the discharge of oil, oily mixture, refuse, garbage, waste matter, plastics, marine pollutant in

BRUNEI DARUSSALAM GOVERNMENT GAZETTE packaged form, noxious liquid substance or trade effluent from a ship, any floating craft other than a ship which is attached to a ship shall be treated as part of the ship.

Any reference to this Order to the discharge of any oil, oily mixture or noxious liquid substance from a ship shall, unless the context otherwise requires, be construed as a reference to the discharge of the oil, oily mixture or substance from the ship at any place in or outside the area of Brunei Darussalam and the reference to the area of Brunei Darussalam shall include the territorial waters of

Brunei Darussalam.

Any reference in this Order -