Section 4
of Prevention of Pollution of the Sea Order, 2005
Section 4
(2)
Without prejudice to subsection (I), it shall be a defence for the terminal operator who is charged with an offence under section 3 to prove that the discharge was caused by the act of a person who was in that place without the permission, either express or implied, of the terminal operator.
(3)
Where a person is charged with an offence under section 3 in respect of the discharge of an oily mixture from a terminal, it shall, without prejudice to any other defence under this section, be a defence to prove that -
(a)
the oil was contained in an effluent produced by operations for the refining of oil;
(b)
it was not reasonably practicable to dispose of the effluent otherwise than by discharging it into Brunei Darussalam waters; and
(c)
all reasonably practicable steps had been taken for eliminating oil from the effluent.
(4)
Where it is proved that, at the time to which the charge relates, the surface of the waters into which the oily mixture was discharged or the land adjacent to those waters was fouled by oil, the defence under subsection (3) shall not apply unless the court is satisfied that the fouling was not caused, or contributed to, by oil contained in any effluent discharged at or before that time from that place.
(5)
Where any oil or oily mixture is discharged in consequence of the removal of sunk, stranded or abandoned ships by a person employed by or acting on behalf of the Director in exercise of any power conferred by any written law, and apart from this subsection, the person employed by or acting on behalf of the
Director would be guilty of an offence under section 3 in respect of that discharge, the person shall not be convicted of that offence unless it is shown that the person failed to take such steps, if any, as were reasonable in the circumstances for preventing, stopping or reducing the discharge.