Oil in Navigable Waters Act, 1964 (Act 235)

Act 235 Dis1:harge of certain oils into prohibited sea areas. Tim Two HUNDRED ANO TIIJRTY .. FJFI1I ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED THE OIL IN NAVIGABLE WATERS ACT, 1964 AN ACT to enable effect to be given to the international Convention for the Prevention of Pollution of the Sea by Oil, 1954, and otherwise to make new provision for preventing the pollution of the sea and of navigab1e waters by oil. DA11l OF ASSEN'f: 6th April, 1964 WHElWAS the Government of Ghana deposited a document of acceotance with the Inter~Governrnental Maritime Consultative Organisation in London on 17th May, 1962, for a Convention entitled "The International Convention for the Prevention of the Pollution of the Sea by Oil~ 1954 ,. (in this Act referred to as "the Convention of 1954 ••}: AND WHERF.AS it is expedient to enable effect to be giyen to that Convention and otherwise to make new provision for preventing the pollution of navigable waters by oil: Now TH1mBFORB tm IT BNACTBD by the President nnd the National Assembly in this present Parliament assembled as follows: 1. (1) If any oil to which this sectlo1i applies is discharged from any ship registered in Ghana into a part of the sea which is a prohiM 2 bited sea area, or if any mixture containing not less than one hundred pans of oil to which this section applies in a million parts of the mixture is discharged from such a ship into such a part of the sea, the owm:r or master <lf the :.hip shall, subject to the provisions of this Act, be guilty of an offence under this section. (2) Thfoco;H;,tl.on Q.]?pli»I) to oru.d.o oil, fuel oil, he«vy die~&l oU und lubricating oil and shall also apply to any other description of oil which may be prescribed· by the Minl.ster, Paving regard to the provisions of any :'mbsequent Convention in so far as it relates to the prevention of pollution of the sea by oil, or having regard to the persistent character of oil of that description and the likelihood that it would cause pollution if discharged from a ship iµ:to a prohibited sea area. (3) Regulatiop.s made under this section hy the Minist"'r may make exceptions from the operation of subsection (l) of this section, either absolutely or subject to any prescribed conditions, and eithet: generally or as re5pects particular classes of ships, or in relation to particular descriptions of oil or mixtures containing oil or to· the discharge of oil or mixtures in prescribed circumstances, or m relation to particular areas of the sea. (4) This section shall not apply to the discharge from the bilges of a ship of an oily mixture containing no other oil than lubricating oil which has drained or leaked from machinery spaces. (5) In this Act « subsequent Convention" means any Coriven~ tion subsequent to the Convention of l954~ being a Convention :accepted by the Government of Ghana. Art 235 2. (1) For the purposes of this Act the areas of the sea designated Designation by or in accordance with this section shall be prohibited sea areas. ;~ohibited (2) Subject to the following provisions of this section the are.is sea areas. spccifled in the First Schedule to this ~9t shall be prohibited sea areas. (3) The Minister, jf he considers it necessary to do so for the purpose of protecting the coast and territorial waters of Ghana from pollurlon by oil, may by legislative instrument, designate any a:rea of the sen, outside the territorial waters of Ghana and outside the areas specified in the First Schedule to this Act, as a prohibited sea area. (4) For the purpose of giving effect to any variation of the prohibited zones referred to in the Convention of 1954, in accordance with the provisions of that Convention or of any subseqnent Con .. vention, the Minister may by legislative instrument vary any of the an;;a!> :,p.:c-ifit'<l. iu llu:: Finl Scln~duk; to th.fa Ai;;t, oi dccJaic- tLai any 3 Act 235 Oischarge of oil into Ghanaian w111en:. OU in Navigable Waters Act, 1964 area specified in that Scbed.u1e sha\1 cease to be included therein, or designate as a prohibited area any area of the sea, outside the Territorial waters of Ghana, which apart from the instrl.lillcllt is not .,, v1ohibh,;;.d .:'l,:,a urea.. 3. (1) If any oil or mixture containing oil is discharged int~ waters to which this section applies from any vessel, or from any place on land, or from any apparatus used for transferring oil from or to any vessel (whether to or from a place on land or to or from another vessel), then subject to the provisions of this Act (a) if the discharge is from a vessel, the owner or master of the vessel, or (b) i!' the discharge is from a place on land, the occupier of that place, or (c) if the discharge is from apparatus used for transferring oil froin or to a vessel, the person in charge of the apparatus, shall be guilty of an offence under this section. (2) This section applies to the following waterS. that is to say­ (a) the whole of the sea within the sea.ward limits of the territorial waters of Ghana; and (b) alJ other waters (including inland waters) which are within those limits and are 11avigal,lt:: by sea-going ships. (3) A port Authority may.appoint a place within his jurisdiction where the ballast wa·ter of vessels in which a cargo of petroleum~ spirit has been carried may be discharged into the waters of the port at :nich times, and subJect to such conditions, as the Authority may determine; and, where a place is so appointed, the discharge of ballasl water from such a vessel shall not constitute an offence under this section, if the ballast water is discharged at that place, and at a tirno ,nnd in uooordun<l,:; with the, (';9m!ition(t l'I◊ d,;ci.;,rminc-d1 o.nd thQ ballast water contains-no oil other than petroleum-spirit. (4) ln this Act , place on land" includes anything resting on the bed or shore of the sea, or of any other waters to which this sei.:tiull applit:s, am.1 also includes anything afloat (other than a wissel) if it is anchored or attached to the bed or shore of the sea or of an)' such waters; and .. occupier" in relation to any such thing as is mentioned in the preceding provisions of this subsection, if it has 1'11) o,.cnpier, means the owner thereof, und, in relation to a railway wagon or road vehicle, means the person in charge of the wagon or vehicle and not the occupier of the land on which the wagon or vehicle stands. 4 Oil in Navigable Waters Act, 1964 Act 235 4, (I) Where a p:::rson is charged with nn offence under section 1 Special of this Act, or is charg:d with an offence undJr the last preceding ~~~e;/;e1 section as the owner or master of a vessel, it shall be a d=-fence to S>¾tkms 1 prow that. th~ oil or mixture in question was discharg~d for the and 3. purpose of securing the safety of any vessel, or of preventing damage to any vessel or cargo, or of saving life: ProviCied that a d:;;fe11ce under this subsection shalt not have effect if the court is satisfied that the discharge of the oil or mixture was not necessary fol' the purpose alleged in the defence or was not a reasonable step to take in the circumstances. (?.) \Vher~ ~ f'IMl'.•mn 1i1. r:hnrg~rf M menti.nnert in the preceding subsection it shall also be a defence to prove (a) that the oil or mixture escaped in consequence or damage to the vessel, and that as soon as practicable ::1ftr,r thP. rl>1m>1eP. oc.!'!11rre<l I'll! re:uionnhle step)> were taken for preventing, or (if it could not b~ prevented) for stopping or reducing, the escape of the oil or mixture, or (b) thut the oil or mixture escaped by reason of leuknse, that the leakage was not due to any want of reasonable care, and that as soon as practicable after the escape wa~ discovered all reasonable steps were taken for stop .. ping or reducing it. (3) Where a person is charged with an offence under the last preceding section as the occupier of a place on land, or as the person in ch:trgc of any apparatus, from which oil or a mixture containing oil is ullcged to hnvc escaped, it :;hnll be u dcfenoo to prove thnt tho escape of the oil or mixture was not due to any want of reasonable care, and that as soon as practicable after the escape was discovered all reasonable steps were taken for stopping or reducing it. (4) Without prejudice to the last precedin.g subsection, it shall be a defence for the occupier of a place on land, who is charged with an offence under the last preceding section, to prove that the discharge was caused by the act of a person who was in that place without the pcnnission (express or implied) of the occupier. (5) Where a person is charged with an offence under the last preceding section in respect of the discharge of a mixture containing oil from a place on land, it shall (without prejudice to any other defence under this section) be a defence to prove (a) that the oil was contained in a11 effluent produced by operations. for the refining of.oil; s Act 235 Equipment in ships to prevent oil pollution. Penalties for offences under sections 1, 3and5-~ Oil in Navi'gable Waters Act, 1964 (b) that it was not reasonably practicable to dispose of the effluent otherwise than by discharging it into waters to whicb. th.e last preceding section applies; and (c) that all reasonably practicable steps had been taken for eliminating oil from the effluent: Providi;:d that a defence under this subsection shall not have effect if it is proved that, at a time to which the charge relates, the surface of the waters into which the mixture was discharged from th.e place in questioni or land adjacent to those waters) was fouled by oil, unless tlw: court ts satisfied that the fouling was not caused. or contributed to, -by oil co11tained in any eftluent discharge at or before lnat tlmc nom rtuu plui.;c, (6) Where any oil or mixture containing oil is discharged in consequence of the exercise of any power conferred by sections 243 aod 244 of the Merchant Shipping Act, 1963 (Act 183) (which relate to the removal of wrecks), and apart from this subsection the autho­ rity exercising the power, or a person employed by or acting on behalf of the authority~ would be guilty of an offence under section 1 of this Act, or under the last preceding section, in respect of that discho.rge the uuthority or pen:on shall not be convicted of that. offence unless it is shown that they or he failed to take such steps (if any) as were· reasonable in the circumstances for preventing, stopping or reducing the discharge. 5. (l) All ships registered in Ghana which use oil as fuel for either engines or boilers shall be so fitted as to prevent oil fuel from leaking or draining into bilges unless effective means are provided to ensure that th.e oil in the bilges is not discharged in contravention ofthh Act. (2) For the purpose of preventing or reducing discharges of oil and mixtures containing oil into the sea, the Minister may, by legislative instrument, make regulations requiring ships registered 1u Ghana to be fitted with such equipment, and to comply with such requirements, as may be prescribed. (3) Without prejudice to the generality of the preceding subsection, where any regulations made thereunder require ships to be titted with equipment of a prescribed description, the regulations may provide that equipment of that description shall not be installed in a ship to which the regulatiollS apply unless. it is of a type approved by the Minister. 6. A person guilty of an offence under section 1 or section 3, or under the last preceding section, sh.all, on -conviction on indictment, or on summary conviction, be liable to a fine: 6 Oil in Navigable Waters Act, 1964 PrOvided that an offence shall not by virtue of this section be punishable on summary conviction by a fine exceeding one thousand pounds. Act 235 7. (1) The master of every ship registered in Ghana (not being a Maintaining tanker).of 80 tons gross tonnage or ov~r which use$ fuel oH shall reco 1 rdeof .. d ---mamtam a recor - fating to oil. fa) of anv occasion on.which oil or a mixture containin!! oil is discharged from his ship for the purpose of securing the safety of any vessel or of preventing damage to any vessel or cargo; (b) of anv occasion on which oil or a mixture containing oil is found to be escaping, or to have escaped, from any such ship in consequence of damage to the ship, or by reason of leakage; (c) of the carrying out, on board or in connection with any such ship) of operations relating to....;... (i) the ballas ting of oil tanks (whether cargo or bunker fuel tanks) and the discharge of ballast from) and cleaning of, such tanks, or (ii) the separation Of oil froni. water, or from other substances in• any ni.ixture containing oil, or (iii) the disposal of any oil or water, or any other &ub1>l<1nce, ari:sing flom operations rnlating to any of the matters specified in the preceding sub~paragraphs, or (iv) the disposal of any other oit residues. (2) The 1r.:1.:unh icqufo:d to be maintained of tfo:, mattcrn specified in paragraphs (a) and (h) of subsection (I) of this section shall be in the form set out in Part I -of the Second Schedule to this Act, and those to be maintained of the matters specified in paragraph (t:) of suhsectint1 (1) of this 1;.ection. in t~e fmm set out in Parr lll of that Schedule. (3) The master of every ship .being a tanker registered in Ghana shall maintain a record in the fonn set QUt in Part 1 of the Second Schedule to this Act of the matters specified in paraa:raphs (a) and (b) of subsection (l) of this section and in the form set out in Part H of the Second Schedule of the matters specified in paragraph (c) of that subsection. (4) The records required to be maintained in accordance with this section shall be retained in the ship for a period of two years after the last entry has been made and shal1 be kept readily available for inspection at all reasonable times. 7 Act 235 Maintaining records of trnrisfcr of oii lO or (l'Orn vess~Js. Par!iculars to be ~pccitied fo .records. Offences und,u ~eetions 7. }and 9. Oil In Navigable Waters. Act, 19,14 8, (1) The master of every vessel, whether registered or not, and of whatever nationality, which is capable of carrying in bulk, whether for cargo or for bunker purpose.c., more than five tons of oil in any ont> !'lf,Vif'.1'; rw cnn.tai1,l';t~ :-.hr.II mr, tai.n a ~.l".n;d 0,(' tht-. r,?,Tti.<'.\\\Ms specified in section 9 hereof relating to the transfer of oil to and from the vessel while it is within the seaward limits of the territorial waters of Ghana. (2) In the case of the transfer of oil to a barge the record shall be kept by the person supplying the oil and in the case of the transfer of oil from the barge the record shall be kept by the person to whom the oil is delivered. 9. (I) The record required to be maintained by the last preceding section shall show clearly the following particulars~ (i) the name and port of registry (if any) of the vessel or barge,; (ii) the date and time of transfer; (iii) the place of transfer; (iv) the f!moont And d~s~ri~tion of oil transferred; and (v) from what vessel, barge or place on land. and to what vessel, barge or place, the oil was transferred. (2) The record of each operation shall be separately signed and dated by the master or such other person as is referred to in sub­ :s,e<;.tkm (2) of th.e last µ~di,ni s~~t\Qn. (3) If the record is. kept in the Official tog of a vessel it shall n<'l t hr, n,,.rP'-'rnry <:..,J,"l~r!'l-t,,.ly tn -.:tMP. tl,,,. 1'1!\11:W nnd port of regiiitry (if any) of the vessel. 10, (I) lf any person fails to comply with any requirements imposed by or under section 7, section 8 or section 9 he shall be liable on summary conviction to a fine not exceeding five hundred pouods; and if any person makes an entry in any records kept under section 7 or section 8 which is to his knowledge false or misleading in any material particular, he shall be liable on summary conviction to a fme not exceeding five hundred pounds, or to imprisonment fot a term not exceeding six months, or to both. (2) In any\:rroceed gs. underthls. Ar:.t (a) nny records kept in purnuan~ of thi.5 Act shall be"; admissible as evidence of the facts stated in those records; 8 Oil in Navigable Waters Act, 1964 (b) any copy of an entry in such records, which is certified by the person .by whom the records are required to be kept to be u true oopy of the entry1 shall be admissible as evidence of the facts stated in the entry; (c) any dOcument purporting to be a record kept in pursuance of this Act, or purporting to be such a certified copy as is mentioned in the last preceding paragraph, shall, unless the contrary is proved) be presumed to be such a record or such a certified copy, as the case may be. Act 235 11. (1) In respect of every port in Ghana, -the powers of the Facilities in Authority shall include a power to provide facilities for enabling Sprtsf1 f vessels using the port to discharge or deposit oil residues (in this Act 0ii~idu 0 es. referred to uo •• oil reception facilities "), (2) Any power of an Authodty to provide oil reception facilities shall include power to join with any other person in pro .. viding then:t, and references in this section to the 'provision of oil n::1,,,-eptiuu fat,;tillt1es Uy an Authodty .shall bo coustrned .:wvonl .. ingly; and any such power shall include power to arrange for the provision of such facilities by any other person. (3) An Authority providing oil reception facilities1 or a person providing such facilities by arrangement with an Authority may make reason.able chaq'leS for the use of the facilities, and may· impose reasonable conditions in respect of the use thereof. (4) Subject to the following provisions of this section, any oil reception facilities provided by, or by arrangement with, an Authority shall be open to all-vessels usmg the port on payment of an,Y charges, and subject to compliance with any conditions, imposed m accord­ ance with the last preceding subsection. (5) Where in the case of any port in Ghana it appears to the Mini:ster, after consultation with the Authority and with any organi~ sation appearing to him to be' representative of owners of ships registered in Ghana (a) where the port has oil reception facilities, that those facilities arc inadequate, or (b) where the port has no .such facilities, that the port has need of suoh fa.cil.i.tie11, the Minister may, with the prior approval of the President, direct the Authority to provide, or arrange for the provision of, such oil reception facilities as may be specified in the directions. 9 Act 235 Re.s.trictiolU ontmnsfer of oil at night, Oil in Navigable Waters Act, 1964 (6) Notwithstanding the provisions of subsection (4) of this section, an Authority providing oil reception facilities or a person providing such facilities by arrangement with such Authority, sh#.ll not be obliged to make those facilities available for use by tankers, except at oil loading terminals; and the requirements of tankers shall be assessed accordingly by the Minister in exercising his powers under the last preceding subsection. (7) Nothing in this section shall be construed as requiring an Authority to allow untreated ballast water or tank washings (that is to say, ballast water or tank washings which contain oH and have not been subjected to an effective process for separating the oil from the water) to be discharged into any oil reception facilities provided by, or by arrangement with, the Authority; and the Minister shall exercise his powers under subsection (5) of this section accordingly. (8) As respects any port in Ghana subsections (I), (2) and (>) of this section shall have effect in relation to arrangements for dis~ posing of oil residues discharged or deposited by vessels ming the port's oil reception facilities, and to the making of such arrange.. mcrtt:;, ns thoac subsectiona have effect in rclution to oil reception facilities and the provision of such facilities. 12. (1) No oil shall be transferred between sunset and sunrise to or from a vessel in any port in Ghana unless the requisite notice has bc1.o g ivr;;n iti accordance wlth tIJ:. :,cctfon; Provided that this subsection shall not app1y to the transfer of oil for the purposes of saving life or property. (2) For the purposes. of this s¢ion a general notice may be given to the hat;bo'Ur master of a port, that transfers or oil between sunset and sunrise will be frequently carried out at a place in the port within a period specified in the notice; and if such a notice is given it shall be the requisite notice for the purposes of this section u:i. r~gards transfers of oil nt thnt phicQ within the P'-'riod specified in the notice: Provided that the period specified in such a notice shall not ex.tend beyond the end of the period of twetve months beginning with the date on whioh the notice is given. (3) Subject to the last preceding subsection, the requisite notice for the purposes of this section shall be a notice given to the harbour master not less than three hours nor more than ninety-si,c ho1.1rs before the transfer of oil beginn. (4) In the case of a port which h•• no harbour master, refer• cnces in the two last preceding subsections to the harbour master shall be construed as references to the port Authority. 10 Oil in Navigable Waters Act, 1964 (5) If any oil is transferred to or from a vessel in contravention of this section, the master of the vessel, and. if the oil is transferred from or to a place on land, the occupier of that place, shall be liable on summary conviction to a fine not exceeding one hundred pounds. 13. (i) If any oil or mixture containing oil Act 235 (a) is discharged from a vessel into the waters of a port in Duty to Ghana tor the puqi(!ses of securing the safety of the difch~rs~ vessel or of preventing damage to the vessel or her of oil in10 cargo. or of saving life. or waters of (b) is found to be escaping~ or to have escaped, into any ports. such waters froJP. a vessel in const:4ut:m::t: uf Uamage to the vessel or by reason of leakage, or (c) is found to be escaping or to have escaped into any such waters from a place on land, the owner or master ot" the vessel or the occupier of the place on land, as the case may be, shall forthwith report the occurrence to the harbour master (or ifthe,1e is no harbour master~ to the po,rt Autho~ rity) stating in the case of a report by the owner or master of a vcaacl, whether it fnllo within parngtaph (a) or paragraph (h) of this subsection, and if he fails to do so, shall be guilty of an offence under this section. (2) A person guilty of an offence under this section shall be lfo.bk: uu :.mlllua.r;y convfotfou to a fine i10t exceeding two hundri;:d pounds. 14. (1) The Minister may appoint any person as an inspector to Powecsof report to him- ln$pection, (a) whether the prohibitions, restrictions arid obliiationS imposed by virtue of this Act (including: prohibitions so imposed by the creation of ofl'ences under this Act) have been complied with; (b) what measures (other than measures made obligatory by regulations under. section 5 of this Act) have been taken to prevent the escape of oil and mixtures contain• ing oil; (c) whether the oil reception facilities provided in ports are adequate; and any such inspector may be so appointed to report either in a particular case or in a class of cases specified in his appointment. (2) Every surveyor of ships shall be taken to be a person appointed generally under the preceding subsection to report to the Minister in every kind of case fatting within that subsection. Aci: 235 Oil in Navigable Waters Act, 1964 (3) (a) Sections 314 and 316 of the Merchant Shipping Act, 1963 (Act 183) (which relate to the powers of surveyors) shall apply to persons appointed under subsection (1) of this section as they apply to the surveyors referred to in those sections as if a reference to that Act were a reference to this Act and included a reference to any regulations made under this Act. (h) Any pnwf'r nf n <.:nrv.,.,yr.r- nnrfPt:" thP. ,rnifl -,,-,.,.tinr,. ':U4 ~'i' so applied to require the production of any records required to be kept in accordance with sections 7 and 8 of this Act shall include power to copy an entry in those records and require the person by whom the records are Kept to cert.11y the copy as a true copy or the entry. (4) Without prejudice to any powers exercisable by virtue of the preceding provision~ nf' this Rectfon, in the r.nse of a vessel which is for the time being in a port in Ghana lhe harbour master, and any other person appointed by the Minister under this subsection ( either generally or in relation to a particular vessel), shall have power (a) to go on -board and inspect the vessel or any part thereof or llny of the machinery, boats, equipment or articles on board the vessel, for the purpose of ascertainM iog the circumstances relating to an alleged discharge of oil or a mlx.ture containing oil from the vessel into the waters of the port; (b) to require the production of any records which by virtue of sections 7 and 8 of this Act are required to be kept in respect of that vessel; (c) to copy an entry in any such records, and require the person by whom the records arc to be kept to certify the copy as a true co py of the entry: Provided that a person exercising any powers conferred by this subsection shall not unnecessarily detain or delay the vessel from proceeding on any voyage. (5) If any person fails to comply with any requirement duly made in pursuance of paragraph (b) or para.graph (c) of the last preceding subsection, he shall be liable on summary conviction to a fine not exceeding ten pounds, and if any person wilfully obstructs a person acting in th,;:; exeu.:.i~e of any power conferred by virtue of this section, he shall be liable on summary convjction to a fine not exceeding QM hundi:ed i){}\.m.di. 12 Oil in Nm•igable Waters Act, 1964 Act 235 15, ( !) In respect of any of the following offences, that is to say~ Prosecu• (a} any offence under section 3 of this Act which is alleged lions. to have b;,en committed by the discharge of oil, or a mixture containing oil, into the waters of a port in Ghana; (b) any offence under section 8 of this Act relating to the keeping of records of the transfer of oil within such port; (c) any offence in relation to such a port under section 12 or section 13 of this Act; and (d), any offence under the last precedin~ section in respect of failure to comply with a requirement of a harbour master, or in respect of obstruction of a harbour master, acting in the exercise of any power conferred by virtue of that section1 no prnt.:et:Ulngt> :shall be brought except by or with the consent of the AttorneyuGeneral, or by the port Authority concerned: Provided that the Minister, or a person authorised by any general or special directions of the Minister, may bring proceedings fur auy sm.:h u..trem:e a:s is mentioned in paragraph (a:) of this sub~ section. (2) ln respect of' any other offence alleged to have been committed under this Act, no proceedings shall be brought except by or with the comeot vf Utt: AllorneyuOeneral, or by the Minister or a person authorised by any general or special directions of the Minister. (3) Where, immediately before the date whfoh (apart from -thh :mb:scvtion) would be: llu::: Jalc uf c;,.phy vf lht: tiuu;: foe bringing proceedings in a court ot' summary jurisdiction in respect of an offence alleged to have been committed under this Act, the person to be charged is out.side Ghana, the time for bringing the proceedings shall be extended until th;,; Mri nfthe period of two months ht-ginning with the date on which he next enters Ohana. (4) Proceedings for any offence under this Act may (without prejudice to any jurisdiction exercisable apart from this subsection) he t:ciken :cig-:iim:t :i pf'r<:r:,n ~t l'ltJ.Y pln,:,~ l>.t wh;,:,h h€:- ii fo,: the ti.mo boing. 16. (1) Where a fine imposed by a court in proceedings a~ainst Enforc~ the owner or master of a vessel for an offence under this Act 1s not :~e;i~~i!n paid nt the- time otderod by th¢ Court, tho C'ou~t ohull, fo addition uc nut11, to any other powers for enforcing payment, have power to direct the amount remaining unpaid to be levied by distress or poinding and sale of the vessel, her tackle, furniture and apparel. !3. Act 235 General provistons Mio application cC Act. 1"1werof Jfnhter to grant ex.emptions. Applicatian of Act to Government ships. 1$11:force­ mel'lt of pnoo;utJvu~ ,.¢fating to oil pollution. Oil in Navigable Waters Act, 1964 (2) Where a person is convicted of an offence under section 1 or section 3 of this Act, and the court imposes a fine in respect of the offence, then if it appears to the court that ao.y person has 1w.:uui=d., m wlll lr1i.;ur, 1:;xpeo:;,1.:s In removing any pollution, o.r ma.king good any damage. which is attributable to the offence, the court may order the whole or part of the fine to be paid to that person for or towards defraying those expenses. 17. The provisions of this Act, except provisions which are ex.pressed to apply only to shl:ps -reghtcred in Ghana, shall (subject to any exemptions expressly conferred by or under this Act) apply to all vessels, whether registered or not, and of whatever nationality. 18, The Minfater may exempt any vessels or classes of vessels from any of the provisions of this Act or of any regulations made thereunder, either absolutely or subject to such conditions as he thinks. fit. 19. (1) The provisions of this Act do not apply to ships of the Ghana Navy, nor to ships for the time being used as Naval AJ.L<l.M liaries. (2) Subject to the preceding subsection (a) provisions of this Act which are expressed to apply only to ships registered in Ghana apply to Government ships so registered and to Government ships not so registered, as they apply to other ships which are registered in Ghana; (b) provisions of this Act which are expressed to apply to 3hip3 generally apply to Oo-vonuucut. blllp:, u~ ~ht:y apply to other ships. 20. (1) Without prejudice to any powers exercisable by surveyors of shios whether bv virtue of this Act or otherwise. every surveyM of ships is hereby empowered to go on board any ship to which the Convention of 1954 applies, ,while the ship is within a port in Ghana~ and to require production of any records required to be kept in accordance with that Convention, a:nd to copy any entry in those 1t:<..:u1U:s awl 1equirt: the. :master ot the ship to certify the copy as a true copy of the entry, (2) For the purposes of this section, in any proceedings under this Act (a) any records kept in pursuance of the Convention of 1954 shall be admissible as evidence of the facts stated in those records; 14 Oil in Navigable Waters Act, 1964 (b) any copy of any entry in such records, which is certified by the master of the shlp to be a true-copy of the entry) shall be admissible as evidence of the facts statt!d in the entry; (c) any document purporting to be records kept in pursuance of the Convention of 1954, or purporting to be such a certified copy as is mentioned in the last preceding paragraph, shall, unless the contrary is proved, be presumea to be sucn records or such a certified copy, as the case may be, (3) lf any person fails to comply with any requirement of this sectior1. he shall be liable on summary conviction to a fine not exceeding ten pounds; and if any person wilfully obstructs: a surveyor acting in the exercise of a power conferred under this section, he shall be liable <,m summary conviction to a fine not exceeding one hundr~d pounds, (4) The preceding provisions of this section shall apply to any subsequent Convention, in so far as it relates to the preventio11 of pollntion of the sea by oil, as those provisions apply to the Convention of 1954. Act 235 ·21. (1) In this Act the following expressions have the meanings rrtterpreta* hereby assigned to them respectively) that is to say- tion. "Authority" in relation to a port means an Anthority constituted under section 3 of' the Ports Act, 1962 (Act ll5); "barge" includes a lighter or any similar vessel; i. discharged "' in relation tO oil or an oily mixture means any dis~harge m e'$tape however ca:osed; "harbour master" includes any perSon. appointed by an Authority for the purpose of enforcing the provisions of this Act in relation to the harbour; " heavy diesel oil " means maririe diesel oil. other than those distillates of which more than half lhe volume distils at a temperature not exceeding 340° Centigrade when tested bv the A.S.T.M. (American Society for Testing Materials) Standard Method D.86/59; "mile,. means nautical mile, that is to say, a distance of six thousand and eighty feet; "the Minister" means the Minister re&ponsible for shipping; "oil" means oil of any description and includes spirit pro­ duced from ,oil of any description, and also includes IS Act 235 Revocation. Oil in Navigable Waters Act, 1954 coal tar, and any power conferred by any provision of this Act to prescrib.:! d:scriptious of oil for the purposes of that provision shall b:::: construed accordingly; " o!l reception facilities " has the meaning assigned to it by section 11 of this Act; "oil residues" means any waste material consisting of, or arising from, oil or a mixture containing oil; " outside the territorial waters of Ghana·· means outside the seaward limits of those waters; "place on land., has the meaning assigned to it by section 3 of this Act. "port·· has the meaning assigned to it by the Ports Act, 1962 (Act 115); ' 1 prescribed" means prescribed by regulations made by legislative instrument under this Act; .. !>ea " im.:tuUt!s any estuary or arm of lht:: sea; .. subsequent convention" has the meaning assigned to it by section 1 of this Act; " tenitotla\ 'Na\ers" in rdation to Ghana has the meaning assigucU lv :i by llu: Tt::rriLotial WaLcrs aml Conlinental Shelf Act, 1963 (Act 175); and u transfer., in relation to oil moans transfer in bulk. (2) Subject to the preceding subsection expressions used in thh A1.:l ,mu in lhe Merchant Shipping Act, 1963, have the same meanings in this Act as in that Act. 22. Regulation No. 6 of 1~31 entitled "Harbours (Discharge of '1H Prohibition) Regulations is hereby revoked. FIRST SCHEDULE PROHIBITED ZONES L The prohibited zones shalt be all sea areas within 50 miles from lo.nd ond out3id,.. th1. to;;11iLutiul wc:1lcn; uf OJiana Wltll the following exceptions: (a) The North Sea Zone. This zone shall extend for a distance of 100 miles from the coasts of the following countries: :aelglum, Denmark, the Federal Republic of Germany, 16 011 in Navigable Waters Act, 1964 the Netherlands, the United Kingdom of Great Britain and Northern Ireland, but not beyond the point where the limit of a 100-rnile zone off the we~t coast of Jutland intersects the limit of the 50,,mile zone off the coast of Norway. {b) The Atlantic Zone. This zoneshal1 comprise the sea area (i) within a line drawn from a point on th¢ Greenwich meridian 100 miles in a north-north-easterly direction from the Shetland Islands: thence north .. wards along the Greenwich meridian to latitude 64° north; thence westwards along the 64th parallel to longitude 10° west; thence to latitude 60° north~ longitude 14° west; thence to latitude 54,;, 30' north, lungitw.lc 30" wc:~L; Lhcni.;c lo latitude 44n 20' uorth, longitude 30° west; thence to latitude 43° north, longitude 14Q west; thenct: eastward along the 43th parallzl to a point of intersection with the 50~mile 7:one nff the co~st. of Frnnc,e'. Provjded that jn relation to voyages which do not extend seawards beyond the Atlantic Zone as defined above, and which are to ports not provided with adequate facilities for the reception of oily residue, the Atlantic Zone shall be deemed to terminate at a distance of 100 miles from land. (ii) The sea area within 100 miles from land on the Atlantic coast of Canada. (c) The Australian Zone shall extend for a distance of 150 miles from the nearest land along the coasts of Australia) except off the north and west coasts of the Australian mainland between the point opposite Thursday Island and the point on the west coast at 20Q south latitude, SECOND SCHEDULE PART I Act 23S S~tion 1 ACCIDENTAL AND OTHER EXCEPTIONAL DISCHARGES OR .S3CAPC3 OF OlL I, Dat,;:, and time of occurrence 2. P:J.ce or position of ship at time of occurw rence 3, Approximate quantity and type r.t' oil 17