i e AT 12 of 1986 OIL POLLUTION ACT 1986

Transcription

1 i e AT 12 of 1986 OIL POLLUTION ACT 1986

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3 Oil Pollution At 1986 Index i e OIL POLLUTION ACT 1986 Index Setion Page PART I GENERAL PROVISIONS FOR PREVENTING OIL POLLUTION 5 1 Disharge of oil into Manx waters Defenes of persons harged with offenes under s Protetion of ats done in exerise of ertain powers Restritions on transfer of oil at night Duty to report disharge of oil into waters of harbours... 8 PART II SHIPPING CASUALTIES 9 6 Shipping asualties Right to reover in respet of unreasonable loss or damage Offenes in relation to s Servie of diretions under s A Appliation of setions 6 to 9 to ertain foreign and other ships PART III ENFORCEMENT Oil reords Powers of inspetion Proseutions Enforement and appliation of fines PART IV CONVENTIONS RELATING T0 POLLUTION Conventions relating to pollution from ships et PART V MISCELLANEOUS AND SUPPLEMENTARY Power to apply ertain provisions to ships registered outside Island Power to grant exemptions General provisions as to regulations Finanial provisions Interpretation Appliation to hoverraft AT 12 of 1986 Page 3

4 Index Oil Pollution At Appliation of the At to ertain strutures et Saving for other restritions, rights of ation et Appliation of United Kingdom legislation [Repealed] Short title and ommenement SCHEDULE 25 ENDNOTES 27 TABLE OF LEGISLATION HISTORY 27 TABLE OF RENUMBERED PROVISIONS 27 TABLE OF ENDNOTE REFERENCES 27 Page 4 AT 12 of 1986

5 Oil Pollution At 1986 Setion 1 i e OIL POLLUTION ACT 1986 Reeived Royal Assent: 14 Marh 1986 Passed: 18 Marh 1986 Commened: 1 May 1986 AN ACT to replae the Oil in Manx Navigable Waters At 1971; to make new provision for the prevention, et. of oil pollution; for the implementation of international onventions relating to oil pollution; and for onneted purposes. GENERAL NOTE: The maximum fines in this At (up to 5,000) are as inreased by the Criminal Justie (Penalties, Et.) At 1993 s 1. PART I GENERAL PROVISIONS FOR PREVENTING OIL POLLUTION 1 Disharge of oil into Manx waters [P1971/60/2] (1) If any oil or mixture ontaining oil is disharged as mentioned in the following paragraphs into waters to whih this setion applies, then, subjet to the provisions of this At, the following shall be guilty of an offene () if the disharge is from a vessel, the owner, harterer or master of the vessel, unless he proves that the disharge took plae and was aused as mentioned in paragraph ; if the disharge is from a vessel but takes plae in the ourse of a transfer of oil to or from another vessel or a plae on land and is aused by the at or omission of any person in harge of any apparatus in that other vessel or that plae, the owner, harterer or master of that other vessel or, as the ase may be, the oupier of that plae; if the disharge is from a plae on land, the oupier of that plae, unless he proves that the disharge was aused as mentioned in paragraph (d); AT 12 of 1986 Page 5

6 Setion 2 Oil Pollution At 1986 (d) (e) if the disharge is from a plae on land and is aused by the at of a person who is in that plae without the permission (express or implied) of the oupier, that person; if the disharge takes plae otherwise than as mentioned in the preeding paragraphs and is the result of any operations for the exploration of the sea-bed and sub-soil or the exploitation of their natural resoures, the person arrying on the operations. (2) This setion applies to the whole of the sea and any other navigable waters within the seaward limits of the territorial waters of the Island. (3) In this At plae on land inludes a pipeline and anything resting on the bed or shore of the sea and also inludes anything afloat (other than a vessel) if it is anhored or attahed to the bed or shore of the sea; and oupies, in relation to any suh thing, if it has no oupier, means the owner thereof, and, in relation to a railway wagon or road vehile, means the person in harge of the wagon or vehile and not the oupier of the land on whih the wagon or vehile stands. (4) A person guilty of an offene under this setion shall be liable on summary onvition to a fine not exeeding 50,000 or on onvition on information to a fine. 2 Defenes of persons harged with offenes under s 1 (1) Where a person is harged, in respet of the esape of any oil or mixture ontaining oil, with an offene under setion 1 () as the oupier of a plae on land; or as a person arrying on operations for the exploration of the seabed and subsoil or the exploitation of their natural resoures; or as the owner of a pipe-line, it shall be a defene to prove that neither the esape nor any delay in disovering it was due to any want of reasonable are and that as soon as pratiable after it was disovered all reasonable steps were taken for stopping or reduing it. (2) Where a person is harged with an offene under setion 1 in respet of the disharge of a mixture ontaining oil from a plae on land, it shall also, subjet to subsetion (3), be a defene to prove () that the oil was ontained in an effluent produed by operations for the refining of oil; that it was not reasonably pratiable to dispose of the effluent otherwise than by disharging it into waters to whih that setion applies; and that all reasonably pratiable steps had been taken for eliminating oil from the effluent. Page 6 AT 12 of 1986

7 Oil Pollution At 1986 Setion 3 (3) If it is proved that, at a time to whih the harge relates, the surfae of the waters into whih the mixture was disharged from the plae on land, or land adjaent to those waters, was fouled by oil, subsetion (2) shall not apply unless the ourt is satisfied that the fouling was not aused, or ontributed to, by oil ontained in any effluent disharged at or before that time from that plae. (4) Where a person is harged with an offene under setion 1 as the owner, harterer or master of a vessel, it shall be a defene to prove that the oil or mixture was disharged for the purpose of seuring the safety of any vessel, or of preventing damage to any vessel or argo, or of saving life, unless the ourt is satisfied that the disharge of the oil or mixture was not neessary for that purpose or was not a reasonable step to take in the irumstanes. (5) Where a person is harged with an offene under setion 1 it shall also be a defene to prove that the oil or mixture esaped in onsequene of damage to the vessel, and that as soon as pratiable after the damage ourred all reasonable steps were taken for preventing, or (if it ould not be prevented) for stopping or reduing, the esape of the oil or mixture; or that the oil or mixture esaped by reason of leakage, that neither the leakage nor any delay in disovering it was due to any want of reasonable are, and that as soon as pratiable after the esape was disovered all reasonable steps were taken for stopping or reduing it. 3 Protetion of ats done in exerise of ertain powers [P1971/60/7] Where any oil, or mixture ontaining oil, is disharged in onsequene of the exerise by the Department of any power onferred by setion 23 of the Harbours At 2010 (whih relates to the removal of obstrutions), and apart from this setion the Department or a person employed by or ating on behalf of the Department, would be guilty of an offene under setion 1 in respet of that disharge, the Department or person shall not be onvited of that offene unless it is shown that it or he failed to take suh steps (if any) as were reasonable in the irumstanes for preventing, stopping or reduing the disharge. 1 4 Restritions on transfer of oil at night [P1971/60/10] (1) No oil shall be transferred between sunset and sunrise to or from a vessel in any harbour in the Island unless the requisite notie has been given in aordane with this setion or the transfer is for the purposes of the fire brigade. AT 12 of 1986 Page 7

8 Setion 5 Oil Pollution At 1986 (2) A general notie may be given to the harbour master of a harbour that transfers of oil between sunset and sunrise will be frequently arried out at a plae in the harbour within suh period, not ending later than twelve months after the date on whih the notie is given, as is speified in the notie; and if suh a notie is given it shall be the requisite notie for the purposes of this setion as regards transfers of oil at that plae within the period speified in the notie. (3) Subjet to subsetion (2), the requisite notie for the purposes of this setion shall be notie given to the harbour master not less than three hours nor more than ninety-six hours before the transfer of oil begins. (4) In the ase of a harbour whih has no harbour master, referenes in this setion to the harbour master shall be onstrued as referenes to the harbour master of Douglas. (5) If any oil is transferred to or from a vessel in ontravention of this setion, the master of the vessel, and, if the oil is transferred from or to a plae on land, the oupier of that plae, shall be liable on summary onvition to a fine not exeeding 1, Duty to report disharge of oil into waters of harbours [P1971/60/11] (1) If any oil or a mixture ontaining oil () is disharged from a vessel into the waters of a harbour in the Island; or is found to be esaping or to have esaped from a vessel into any suh waters; or is found to be esaping or to have esaped into any suh waters from a plae on land; the owner, harterer or master of the vessel, or the oupier of the plae on land, as the ase may be, shall forthwith report the ourrene to the harbour master, or if the harbour has no harbour master, to the harbour master of Douglas. (2) A report made under subsetion (1) by the owner, harterer or master of a vessel shall state whether the ourrene falls within paragraph or paragraph of that subsetion. (3) If a person fails to make a report as required by this setion he shall be liable on summary onvition to a fine not exeeding 5,000. Page 8 AT 12 of 1986

9 Oil Pollution At 1986 Setion 6 PART II SHIPPING CASUALTIES 6 Shipping asualties [P1971/60/12] (1) The powers onferred by this setion shall be exerisable where () an aident has ourred to or in a ship; and in the opinion of the Department oil from the ship will or may ause pollution on a large sale in the Island or in the waters in or adjaent to the Island up to the seaward limits of territorial waters; and 2 in the opinion of the Department the use of the powers onferred by this setion is urgently needed. 3 (2) For the purpose of preventing or reduing oil pollution, or the risk of oil pollution, the Department may, subjet to subsetion (9), give diretions as respets the ship or its argo () to the owner of the ship, or to the harterer or any person in possession of the ship; or to the master of the ship; or to any salvor in possession of the ship, or to any person who is the servant or agent of any salvor in possession of the ship, and who is in harge of the salvage operation. 4 (3) Diretions under subsetion (2) may require the person to whom they are given to take, or refrain from taking, any ation of any kind whatsoever, and without prejudie to the generality of the preeding provisions of this subsetion the diretions may require () (d) that the ship is to be, or is not to be, moved, or is to be moved to a speified plae, or is to be removed from a speified area or loality; or that the ship is not to be moved to a speified plae or area, or over a speified route; or that any oil or other argo is to be, or is not to be unloaded or disharged; or that speified salvage measures are to be, or are not to be, taken. (4) If in the opinion of the Department the powers onferred by subsetion (2) are, or have proved to be, inadequate for the purpose, the Department may, subjet to subsetion (9), for the purpose of preventing or reduing oil pollution, or the risk of oil pollution, take, as respets the ship or its argo, any ation of any kind whatsoever, and without prejudie to the generality of the preeding provisions of this subsetion the Department may AT 12 of 1986 Page 9

10 Setion 6 Oil Pollution At 1986 () take any suh ation as it has power to require to be taken by a diretion under this setion; undertake operations for the sinking or destrution of the ship, or any part of it, of a kind whih is not within the means of any person to whom it an give diretions; undertake operations whih involve the taking over of ontrol of the ship. 5 (5) The powers of the Department under subsetion (4) shall also be exerisable by suh persons as may be authorised in that behalf by the Department. 6 (6) Every person onerned with ompliane with diretions given, or with ation taken, under this setion shall use his best endeavours to avoid any risk to human life. (7) The provisions of this setion are without prejudie to any rights or powers of the Government or Her Majesty s Government in the United Kingdom exerisable apart from this setion whether under international law or otherwise. (8) It is hereby delared that any ation taken as respets a ship whih is under arrest or as respets the argo of suh a ship, being ation duly taken in pursuane of a diretion given under this setion, or being any ation taken under subsetion (4) or (5) does not onstitute ontempt of ourt; and does not in any irumstanes make any person who has arrested suh ship in pursuane of an order of the High Court liable in any ivil proeedings. (9) The powers onferred by subsetions (2) and (4) may be exerised in relation to a ship whih is not registered in the Island, only whilst suh ship is within the seaward limits of the territorial waters of the Island, and a ship whih is registered in the Island, whether inside or outside suh waters. (10) In this setion, unless the ontext otherwise requires aident inludes the loss, stranding, abandonment of or damage to a ship; and speified, in relation to a diretion under this setion, means speified by the diretion. Page 10 AT 12 of 1986

11 Oil Pollution At 1986 Setion 7 7 Right to reover in respet of unreasonable loss or damage [P1971/60/13] (1) If any ation duly taken by a person in pursuane of a diretion given to him under setion 6 or any ation taken under subsetion (4) or (5) of that setion was not reasonably neessary to prevent or redue oil pollution, or risk of oil pollution; or was suh that the good it did or was likely to do was disproportionately less than the expense inurred, or damage suffered, as a result of the ation, a person inurring expense or suffering damage as a result of, or by himself taking, the ation shall be entitled to reover ompensation from the Department. 7 (2) In onsidering whether subsetion (1) applies, aount shall be taken of () the extent and risk of oil pollution if the ation had not been taken; the likelihood of the ation being effetive; and the extent of the damage whih has been aused by the ation. (3) Any referene in this setion to the taking of any ation inludes a referene to a ompliane with a diretion not to take some speified ation. (4) The Admiralty Jurisdition of the Civil Division shall inlude jurisdition to hear and determine any laim arising under this setion. 8 8 Offenes in relation to s 6 [P1971/60/14] (1) If the person to whom a diretion is duly given under setion 6 ontravenes, or fails to omply with any requirement of the diretion, he shall be guilty of an offene. (2) If a person wilfully obstruts any person who is () ating on behalf of the Department in onnetion with the giving or servie of a diretion under setion 6; 9 ating in ompliane with a diretion under that setion; or ating under subsetion (4) or (5) of that setion; he shall be guilty of an offene. (3) In proeedings for an offene under subsetion (1) it shall be a defene for the aused to prove that he has used all due diligene to ensure ompliane with the diretion, or that he had reasonable ause for AT 12 of 1986 Page 11

12 Setion 9 Oil Pollution At 1986 believing that ompliane with the diretion would have involved a serious risk to human life. (4) A person guilty of an offene under this setion shall be liable on summary onvition to a fine not exeeding 50,000, or on onvition on information to a fine. 9 Servie of diretions under s 6 [P1971/60/15] (1) Without prejudie to setion 41 of the Interpretation At 1976, if the Department is satisfied that a ompany or other body is not one to whom setion 318 or setion 335 of the Companies At 1931 (servie of noties) applies so as to authorise the servie of a diretion on that body under either of those setions, it may give a diretion under setion 6 of this At to that body, as the owner of, or a harterer of, or the person in possession of, a ship, by serving the diretion on the master of the ship; or to that body, as a salvor, by serving the diretion on the person in harge of the salvage operations. 10 (2) For the purpose of giving or serving a diretion under setion 6 to or on any person on a ship, a person ating on behalf of the Department shall have the right to go on board the ship. 11 9A Appliation of setions 6 to 9 to ertain foreign and other ships (1) The Department of Eonomi Development may by order provide that setions 6 to 9, together with any other provisions of this At, shall apply to a ship whih is not registered in the Island; and whih is for the time being outside the territorial waters of the Island; in suh ases and irumstanes as may be speified in the order, and subjet to suh exeptions, adaptations and modifiations, if any, as may be so speified. 12 (2) An order under subsetion (1) may ontain suh transitional and other onsequential provisions as appear to the Department of Eonomi Development to be expedient. 13 (3) Exept as provided by an order under subsetion (1), no diretion under setion 6 shall apply to a ship whih is not registered in the Island and whih is for the time being outside the territorial waters of the Island, and no ation shall be taken under subsetion (4) or (5) of setion 6 as respets any suh ship. Page 12 AT 12 of 1986

13 Oil Pollution At 1986 Setion 10 (4) No diretion under setion 6 shall apply to any vessel of Her Majesty s navy or to any Government ship (within the meaning of setion 308(4) of the Merhant Shipping At 1995 (an At of Parliament)) and no ation shall be taken under subsetion (4) or (5) as respets any suh vessel or ship. (5) The power onferred by subsetion (1) shall be exerised in a manner whih is in aordane with international obligations whih extend to the Island. 14 PART III ENFORCEMENT 10 Oil reords [P1971/60/17] (1) The Department of Eonomi Development may make regulations requiring oil reord books to be arried in ships registered in the Island and requiring the master of any suh ship to reord in the oil reord book arried by it () the arrying out, on board or in onnetion with the ship, of suh of the following operations as may be presribed, that is to say, operations relating to (i) (ii) (iii) (iv) (v) (vi) (vii) the loading of oil argo, or the transfer of oil argo during a voyage, or the disharge of oil argo, or the ballasting of oil tanks (whether argo or bunker fuel tanks) and the disharge of ballast from, and leaning of, suh tanks, or the separation of oil from water, or from other substanes, in any mixture ontaining oil, or the disposal of any oil or water, or any other substane, arising from operations relating to any of the matters speified in the preeding sub-paragraphs, or the disposal of any other oil residues; any oasion on whih oil or a mixture ontaining oil is disharged from the ship for the purpose of seuring the safety of any vessel, or of preventing damage to any vessel or argo, or of saving life; any oasion on whih oil or a mixture ontaining oil is found to be esaping or to have esaped, from the ship in onsequene of damage to the ship or by reason of leakage. 15 (2) The Department of Eonomi Development may make regulations requiring the keeping of reords relating to the transfer of oil to and from vessels while they are within the seaward limits of the territorial waters AT 12 of 1986 Page 13

14 Setion 10 Oil Pollution At 1986 of the Island; and the requirements of any regulations made under this subsetion shall be in addition to the requirements of any regulations made under subsetion (1). 16 (3) Any reords required to be kept by regulations made under subsetion (2) shall, unless the vessel is a barge, be kept by the master of the vessel, and shall, if the vessel is a barge, be kept, in so far as they relate to the transfer of oil to the barge, by the person supplying the oil and, in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered. (4) Regulations under this setion requiring the arrying of oil reord books or the keeping of reords may () (d) presribe the form of the oil reord books or reords and the nature of the entries to be made in them; require the person providing or keeping the books or reords to retain them for a presribed period; require that person, at the end of the presribed period, to transmit the books or reords to a plae or person determined by or under the regulations; provide for the ustody or disposal of the books or reords after their transmission to suh a plae or person. (5) If any ship fails to arry suh an oil reord book as it is required to arry under this setion the owner, harterer or master shall be liable on summary onvition to a fine not exeeding 5,000; and if any person ontravenes any requirements imposed on him by or under this setion, he shall be liable on summary onvition to fine not exeeding 5,000; and if any person makes an entry in any oil reord book arried or reord kept under this setion whih is to his knowledge false or misleading in any material partiular, he shall be liable on summary onvition to a fine not exeeding 5,000, or imprisonment for a term not exeeding six months, or both, or on onvition on information to a fine or to imprisonment for a term not exeeding two years or both. (6) In any proeedings under this At () any oil reord book arried or reord kept in pursuane of regulations made under this setion shall be admissible as evidene of the fats stated in it; any opy of an entry in suh an oil reord book or reord whih is ertified by the master of the ship in whih the book is arried or by the person by whom the reord is required to be kept to be a true opy of the entry shall be admissible as evidene of the fats stated in the entry; any doument purporting to be an oil reord book arried or reord kept in pursuane of regulations made under this setion, or purporting to be suh a ertified opy as is mentioned in Page 14 AT 12 of 1986

15 Oil Pollution At 1986 Setion 11 paragraph, shall, unless the ontrary is proved, be presumed to be suh a book, reord or opy, as the ase may be. 11 Powers of inspetion [P1971/60/18] (1) The Department or, as the ase may be, the Department of Eonomi Development, may appoint any person as an inspetor to report to it () whether the prohibitions, restritions and obligations imposed by virtue of this At (inluding prohibitions so imposed by the reation of offenes under any provision of this At) have been omplied with; what measures have been taken to prevent the esape of oil and mixtures ontaining oil; whether the oil reeption failities provided in harbours are adequate; and any suh inspetor may be so appointed to report either in a partiular ase or in a lass of ases speified in his appointment. 17 (2) Every surveyor of ships appointed in pursuane of setion 2 of the Merhant Shipping (Registration) At 1984 shall be taken to be a person appointed generally under the preeding subsetion to report to the Department of Eonomi Development in every kind of ase falling within that subsetion. 18 (3) Setions 3 and 4(1) and (3) of the Merhant Shipping At 1985 (powers of inspetors) shall apply to persons appointed or taken to be appointed under subsetion (1) of this setion as it applies to the inspetors referred to in those setions and setion 3 of that At shall, as so applying, have effet as if () any referene to a ship inluded any vessel; any referene to a statutory provision relating to merhant shipping were a referene to this At; and any power under that setion to inspet premises inluded power to inspet any apparatus used for transferring oil. (4) Any power of an inspetor, under the said setion 3 as so applied, to require the prodution of any oil reord book required to be arried or reords required to be kept in pursuane of regulations made under setion 10 shall inlude power to opy any entry therein and require the master to ertify the opy as a true opy of the entry. (5) Without prejudie to any powers exerisable by virtue of the preeding provisions of this setion, in the ase of a vessel whih is for the time being in a harbour in the Island the harbour master, and any other person appointed by the Department or, as the ase may be, the AT 12 of 1986 Page 15

16 Setion 12 Oil Pollution At 1986 Department of Eonomi Development, under this subsetion (either generally or in relation to a partiular vessel), shall have power () to go on board and inspet the vessel or any part thereof, or any of the mahinery, boats, equipment or artiles on board the vessel, for the purpose of asertaining the irumstanes relating to an alleged disharge of oil or a mixture ontaining oil from the vessel into the waters of the harbour; to require the prodution of any oil reord book required to be arried or reords required to be kept in pursuane of regulations made under setion 10; and to opy any entry in any suh book or reord and require the master to ertify the opy as a true opy of the entry. 19 (6) A person exerising any powers onferred by subsetion (5) shall not unneessarily detain or delay the vessel from proeeding on any voyage. (7) If any person fails to omply with any requirement duly made in pursuane of paragraph or paragraph () of subsetion (5) he shall be liable on summary onvition to a fine not exeeding 1,000; and if any person wilfully obstruts a person ating in the exerise of any power onferred by virtue of this setion and the obstrution is not punishable by virtue of setion 4(1) of the Merhant Shipping At 1985, he shall be liable on summary onvition to a fine not exeeding 5, Proseutions [P1971/60/19] (1) Proeedings for an offene under this At may be brought only by or with the onsent of the Attorney General. (2) Where, immediately before the date on whih (apart from this subsetion) the time for bringing summary proeedings for an offene under this At would expire, the person to be harged is outside the Island, the time for bringing the proeedings shall be extended until the end of the period of 3 months beginning with the date on whih he next enters the Island. (3) Proeedings for any offene under this At may (without prejudie to any jurisdition exerisable apart from this subsetion) be taken against a person at any plae at whih he is for the time being and any suh proeedings may be taken, and the offene may for all inidental purposes be treated as having been ommitted, in any plae in the Island. (4) Where a body orporate is guilty of an offene under this At and the offene is proved to have been ommitted with the onsent or onnivane of, or to be attributable to any neglet on the part of, any diretor, manager, seretary or other similar offier of the body orporate or any person who was purporting to at in any suh apaity he, as well Page 16 AT 12 of 1986

17 Oil Pollution At 1986 Setion 13 as the body orporate, shall be guilty of the offene and shall be liable to be proeeded against and punished aordingly. (5) In subsetion (4), diretor in relation to a body orporate established for the purpose of arrying on any industry or part of an industry or undertaking, being a body orporate whose affairs are managed by its members, means a member of that body orporate. 13 Enforement and appliation of fines [P1971/60/20] (1) Where a fine imposed by a ourt in proeedings against the owner or master of a vessel for an offene under this At is not paid at the time ordered by the ourt, the ourt shall, in addition to any other powers for enforing payment, have power to grant exeution in favour of the Treasury in respet of the amount remaining unpaid and any suh exeution may be enfored against the vessel, her takle, furniture and apparel. (2) Where a person is onvited of an offene under setion 1 and the ourt imposes a fine in respet of the offene, then if it appears to the ourt that any person has inurred, or will inur, expenses in removing any pollution, or making good any damage whih is attributable to the offene, the ourt may order the whole or part of the fine to be paid to that person for or towards defraying those expenses. PART IV CONVENTIONS RELATING T0 POLLUTION Conventions relating to pollution from ships et [P1979/39/20] (1) The Department of Eonomi Development may, after onsulting the Seretary of State, by order make suh provision as it onsiders appropriate for the purpose of giving effet to any provision of any international agreement aepted by Her Majesty s Government in the United Kingdom and extending to the Island whih relates to () the protetion and preservation of the marine environment from pollution by matter from ships; the prevention, redution or ontrol of pollution of the marine environment from pollution by matter from ships; preparedness for, response to, and international o-operation in respet of, suh pollution. The referene in this subsetion to an agreement inludes an agreement whih provides for the modifiation of another agreement. 21 (1A) In subsetion (1), marine environment means the sea or other waters and the atmosphere above. 22 AT 12 of 1986 Page 17

18 Setion 14 Oil Pollution At 1986 (2) The powers onferred by subsetion (1) to make provision for the purpose of giving effet to an agreement inlude power to provide for the provision to ome into fore although the agreement has not ome into fore. (3) Without prejudie to the generality of subsetion (1), an order under that subsetion may in partiular inlude provision () (d) (e) (f) for applying for the purpose mentioned in that subsetion any enatment or instrument relating to the pollution of the sea or other waters and any of the following setions 1 to 3 of the Shipping Casualties (Inquiries, Investigations and Reports) At 1979, setions 446 to 450 of the Merhant Shipping At 1894 (an At of Parliament) (whih relate to dangerous goods), setions 10 to 13 of and Shedule 2 and 3 to the Merhant Shipping At 1974 (an At of Parliament) (whih relate to oil tankers); with respet to the arrying out of surveys and inspetions for the purpose aforesaid, the issue, duration and reognition of ertifiates for that purpose; 23 for repealing the provisions of any enatment or instrument so far as it appears to the Department of Eonomi Development that those provisions are not required having regard to any provision made or proposed to be made by virtue of this setion; 24 with respet to the appliation of the order to the Crown and the extra-territorial operation of any provision made by or under the order; for imposing penalties in respet of any ontravention of a provision made by or under the order, not exeeding, in respet of any one ontravention, a fine of 5,000 on summary onvition and imprisonment for two years and a fine on onvition on information; and for detaining any ship in respet of whih suh a ontravention is suspeted to have ourred and, in relation to suh a ship, for applying setion 692 of the Merhant Shipping At 1894 (whih relates to the detention of a ship) with suh modifiations, if any, as are presribed by the order; and nothing in any of the preeding provisions of this subsetion shall be onstrued as prejudiing the generality of any other of those provisions and in partiular paragraph (e) shall not prejudie paragraph. (4) An order under subsetion (1) may provide for the delegation of funtions exerisable by virtue of the order; Page 18 AT 12 of 1986

19 Oil Pollution At 1986 Setion 15 (4A) (4B) (aa) () (d) make provision in terms of any doument whih the Department of Eonomi Development or any person onsiders relevant from time to time ; 25 inlude suh transitional provisions as appear to the Department of Eonomi Development to be expedient for the purposes of the order; 26 authorise the making of regulations and other instruments for any of the purposes of this setion (exept the purposes of paragraphs and () of subsetion (3)); and provide that any enatment or instrument applied by the order shall have effet as so applied subjet to suh modifiations as may be speified in the order. Where an order under subsetion (1) authorises the making of regulations for the purpose of giving effet to a lass of agreement mentioned in subsetion (1), the order also authorises the making of regulations for the purpose of giving effet to an agreement whih provides for the modifiation of suh an agreement. 27 Subsetion (4A) applies in relation to orders and international agreements whenever made. 28 (4C) Regulations made under subsetion (4)() may make provision orresponding to the provisions authorised for an order by subsetion (4) and. 29 (5) An order made under subsetion (1) may apply to areas of land or sea or other waters within the seaward limits of the territorial waters of the Island notwithstanding that the agreement in question does not relate to those areas. (6) For the avoidane of doubt, it is delared that this setion applies to the pollution of the sea or other waters by any matter from ships. 30 PART V MISCELLANEOUS AND SUPPLEMENTARY 15 Power to apply ertain provisions to ships registered outside Island [P1971/60/22] (1) The Department of Eonomi Development may by order diret that, subjet to suh exeptions and modifiations as may be speified in the order, any regulations made under setion 10(1) shall apply to ships registered in ountries and territories other than the Island at any time when they are in a harbour in the Island or are within the seaward limits of the territorial waters of the Island while on their way to or from a harbour in the Island. 31 AT 12 of 1986 Page 19

20 Setion 16 Oil Pollution At 1986 (2) An order under subsetion (1) shall not be made so as to impose different requirements in respet of ships of different ountries or territories; but if the Department of Eonomi Development is satisfied, as respets any ountry or territory, that ships registered there are required, by the law of that ountry or territory, to omply with provisions whih are substantially the same as, or equally effetive with, the requirements imposed by virtue of the order, the Department of Eonomi Development may by order diret that those requirements shall not apply to any ship registered in that ountry or territory if the ship omplies with suh of those provisions as are appliable thereto under the law of that ountry or territory. 32 (3) No regulation shall by virtue of an order under this setion apply to any ship as being within a harbour in the Island, or on her way to or from suh harbour, if the ship would not have been within the harbour, or, as the ase may be, on her way to or from the harbour, but for stress of weather or any other irumstanes whih neither the master nor the owner nor the harterer (if any) of the ship ould have prevented or forestalled. 16 Power to grant exemptions [P1971/60/23] The Department or, as the ase may be, the Department of Eonomi Development, may, with the onurrene of the Counil of Ministers, exempt from any of the provisions of this At or of any regulations made thereunder, either absolutely or subjet to suh onditions as it thinks fit any vessels or lasses of vessels; any disharge of, or of a mixture ontaining oil General provisions as to regulations [P1971/60/27(2)] Any regulations or orders made under this At shall not ome into operation until they have been approved by Tynwald. 18 Finanial provisions [P1971/60/28] (1) There shall be defrayed out of moneys provided by Tynwald any expenses of the Department or the Department of Eonomi Development under this At. 34 (2) Any fees reeived by the Department or the Department of Eonomi Development under this At shall be paid into the General Revenue. 35 Page 20 AT 12 of 1986

21 Oil Pollution At 1986 Setion Interpretation [P1971/60/29] (1) In this At barge inludes a lighter and any similar vessel; Board [Repealed] 36 the Department means the Department of Infrastruture; 37 harbour master inludes any person speially appointed by the Department for the purpose of enforing the provisions of this At in relation to the harbour; 38 oil means oil of any desription and inludes spirit produed from oil of any desription, and also inludes oal tar; oil residues means any waste onsisting of, or arising from, or a mixture ontaining oil; plae on land has the meaning assigned to it by setion 1(3); sea inludes any estuary or arm of the sea; transfer, in relation to oil, means transfer in bulk. (2) Any referene in any provision of this At to a mixture ontaining oil shall be onstrued as a referene to any mixture of oil (or, as the ase may be, of oil of a desription referred to in that provision) with water or with any other substane. (3) Any referene in the provisions of this At other than setion 5 to the disharge of oil or a mixture ontaining oil, or to its being disharged, from a vessel, plae or thing, exept where the referene is to its being disharged for a speified purpose, inludes a referene to the esape of the oil or mixture, or (as the ase may be) to its esaping, from that vessel, plae or thing. (4) For the purposes of any provision of this At relating to the disharge of oil or a mixture ontaining oil from a vessel, any floating raft (other than a vessel) whih is attahed to a vessel shall be treated as part of the vessel. (5) Subjet to the preeding subsetions, expressions used in this At and in the Merhant Shipping At 1894 (an At of Parliament) have the same meanings in this At as in that At. 20 Appliation to hoverraft The provisions of this At shall apply in relation to hoverraft and to persons, things and plaes onneted with hoverraft subjet to suh exeptions, modifiations and adaptations as may be made by the Department of Eonomi Development by order. 39 AT 12 of 1986 Page 21

22 Setion 21 Oil Pollution At Appliation of the At to ertain strutures et [P1971/39/41] (1) The Department of Eonomi Development may by order provide that a thing designed or adapted for use at sea and desribed in the order is or is not to be treated as a ship for the purposes of any provision speified in the order or this At or an instrument made under this At; and suh an order may if it provides that a thing is to be treated as a ship for the purposes of a provision speified in the order, provide that the provisions shall have effet in relation to the thing with suh modifiations as are so speified. 40 (2) Where the Department of Eonomi Development proposes to make an order in pursuane of the preeding subsetion it shall be its duty, before it makes the order, to onsult suh persons about the proposal as appear to it to represent the persons in the Island who it onsiders are likely to be affeted by the order Saving for other restritions, rights of ation et [P1971/60/32] Subjet to setion 3 of the Criminal Law At 1981 (offene under two or more laws) nothing in this At shall affet any restrition imposed by or under any other enatment or shall derogate from any right of ation or other remedy (whether ivil or riminal) in proeedings instituted otherwise than under this At. 23 Appliation of United Kingdom legislation Any regulations or order made under any provision of this At or under an order made under setion 14 of this At may, in lieu of or in addition to making separate provision, apply to the Island (with or without exeptions, adaptations, or modifiations) any regulations, order or other instrument, as the ase may be, made under the Prevention of Oil Pollution At 1971, or setions 20 and 41 of the Merhant Shipping At 1979 as those enatments of Parliament have effet from time to time; or an order made under setion 20 of the Merhant Shipping At 1979, (an At of Parliament). 24 [Repealed] Short title and ommenement (1) This At may be ited as the Oil Pollution At Page 22 AT 12 of 1986

23 Oil Pollution At 1986 Setion 25 (2) This At shall ome into operation on suh day as the Board may by order appoint and different days may be so appointed for different provisions and different purposes. 43 AT 12 of 1986 Page 23

24

25 Oil Pollution At 1986 Shedule SCHEDULE 44 AT 12 of 1986 Page 25

26

27 Oil Pollution At 1986 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 S 3 amended by GC190/86 and by Harbours At 2010 Sh 4. 2 Para amended by GC190/86. 3 Para () amended by GC190/86. 4 Subs (2) amended by GC190/86. 5 Subs (4) amended by GC190/86. 6 Subs (5) amended by GC190/86. 7 Subs (1) amended by GC190/86. 8 Subs (4) amended by SD352/09. 9 Para amended by GC190/ Subs (1) amended by GC190/86 and by Interpretation At 1976 s 16A. 11 Subs (2) amended by GC190/ Subs (1) amended by SD155/10 Sh Subs (2) amended by SD155/10 Sh S 9A inserted by Merhant Shipping (Misellaneous Provisions) At 1996 s Subs (1) amended by GC190/86 and by SD155/10 Sh Subs (2) amended by GC190/86 and by SD155/10 Sh Subs (1) amended by GC190/86 and by SD155/10 Sh Subs (2) amended by GC190/86 and by SD155/10 Sh Subs (5) amended by GC190/86 and by SD155/10 Sh Heading substituted by Merhant Shipping Registration At 1991 Sh Subs (1) amended by Merhant Shipping (Misellaneous Provisions) At 1996 s 7 and by SD155/10 Sh Subs (1A) inserted by Merhant Shipping (Misellaneous Provisions) At 1996 s 7. AT 12 of 1986 Page 27

28 Endnotes Oil Pollution At Para amended by Merhant Shipping (Misellaneous Provisions) At 1996 Sh Para () amended by SD155/10 Sh Para (aa) inserted by Merhant Shipping (Misellaneous Provisions) At 1996 s 7 and amended by SD155/10 Sh Para amended by SD155/10 Sh Subs (4A) inserted by Merhant Shipping (Misellaneous Provisions) At 1996 s Subs (4B) inserted by Merhant Shipping (Misellaneous Provisions) At 1996 s Subs (4C) inserted by Merhant Shipping (Misellaneous Provisions) At 1996 s Subs (6) added by Merhant Shipping Registration At 1991 Sh Subs (1) amended by GC190/86 and by SD155/10 Sh Subs (2) amended by GC190/86 and by SD155/10 Sh S 16 amended by GC190/86, by Counil of Ministers At 1990 s 9 and by SD155/10 Sh Subs (1) amended by GC190/86 and by SD155/10 Sh Subs (2) amended by GC190/86 and by SD155/10 Sh Definition of Board repealed by GC190/ Definition of the Department inserted by GC190/86 and amended by SD155/10 Sh Definition of harbour master amended by GC190/ S 20 amended by GC190/86 and by SD155/10 Sh Subs (1) amended by GC190/86 and by SD155/10 Sh Subs (2) amended by GC190/86 and by SD155/10 Sh S 24 repealed by Statute Law Revision At 1992 Sh ADO (whole At) 1/5/1986 (GC118/86). 44 Sh repealed by Statute Law Revision At 1992 Sh 2. Page 28 AT 12 of 1986