Section 5
of Prevention of Pollution of the Sea Order, 2005
Section 5
(2)
Subsection (1) shall not apply to the disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form from a ship -
(a)
which is necessary for the purpose of securing the safety of a ship or saving life at sea; or
(b)
if the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form, as the case may be.
(3)
Subsection (1) shall not apply where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is lost at sea, and all reasonable precautions were taken to prevent the loss.
(4)
For the purposes of subsection (2), damage to a ship or to its equipment shall be taken to be intentional damage if the damage arose in circumstances in which the master, the owner or the agent of the ship -
(a)
acted with intent to cause the damage; or
(b)
acted recklessly and with knowledge that damage would probably result.
(5)
The Minister may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make regulations to exempt any ship from the operation of subsection
(I)
, either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form or to the disposal or discharge thereof in prescribed circumstances, or in relation to particular areas of the sea.
Prohibition of discharge of oil or oily mixture from ships.
6, (1) Subject to subsection (2) and any regulation made under subsection (4), if any discharge of oil or oily mixture occurs from a Brunei Darussalam ship into any part of the sea or from any ship into Brunei Darussalam waters, the master, the owner and the agent of the ship shall each be guilty of an offence and liable on conviction to a fine of not less than $1,000 and not more than $1,000,000, imprisonment for a term not exceeding 2 years or both.
(2)
Subsection (1) shall not apply to the discharge of oil or oily mixture from a ship -
(a)
which is necessary for the purpose of securing the safety of a ship or saving life at sea;
(b)
if the oil or oily mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the oil or oily mixture, as the case may be; or
(c)
in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by the Director and, where the discharge occurred in the jurisdiction of the government of a country other than
Brunei Darussalam, by that government.
(3)
For the purposes of subsection (2), damage to a ship or to its equipment shall be taken to be intentional damage if the damage arose in circumstances in which the master, the owner or the agent of the ship -
(a)
acted with intent to cause the damage; or
(b)
acted recklessly and with knowledge that damage would probably result.
(4)
The Minister may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make regulations to exempt any ship from the operation of subsection
(I)
, either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of oil or oily mixture or to the discharge of oil or oily mixture in prescribed circumstances, or in relation to particular areas of the sea.
Oil residues.