Maritime Zones (Marine Pollution) Regulations

1991 ED] MARITIME ZONES ACT SECTION lS [CAP 122 MARITIME ZONES (MARINE POLLUTION) REGULATIONS [6th July, 1981J ARRANGEMENT OF REGULATIONS Regulation I. Citation 2. Interpretation 3. Discharge ofoil 4. Special defences 5. Duty to report discharges of oil 3 S.l. 15 of 1981. 1991 EDj MARITIME ZONES ACT Regulation 6. Pollution controlofficers 7. Hot pursuit 8. Bar to actions 9. Detention and costs 10. Costs of restoration 11. Bonds Schedule. Prohibited sea areas. [CAP 122 Citation. Interpretation. Cap. 90. 1. These Regulations may be cited as the Maritime Zones (Marine Pollution) Regulations. 2. In these Regulations, unless the context otherwise re quires "discharge" includes escape; "Harbour Master" has the meaning assigned in section 2 of the Harbour Act; "master" means the person for the time being having com mand or charge of a vessel; "oil" means oil of any description and includes spirit pro duced from oil ofany description, and also includes coal tar; "oily mixture" means a mixture ofoil with water or with any other substance; "owner", in relation to a vessel, includes a charterer, sub charterer, lessee or sub-lessee of the vessel; "pollution control officer" means a pollution control officer appointed under Regulation 6; "prohibited sea area" means an area specified in the Sched ule to these Regulations; 4 1991 ED) MARITIME ZONES ACT [CAP 122 "territorial waters" means the territorial waters ofSeychelles as defined by section 3 of the Act; "vessel" means any vessel of any nationality. 3. If any oil or oily mixture is (i) discharged into a prohibited sea area specified in the Schedule to these Regulations; or (ii) discharged outside a prohibited sea area so as to cause or contribute to the pollution ofa prohibited sea area or any part of Seychelles, then subject to these Regulations (a) if the discharge is from a vessel, the owner or master of the vessel; or (b) if the discharge is from a place on land, the occupier of that place; or (c) if the discharge is from an apparatus used for transferring oil from or to a vessel, the person in charge ofthe apparatus, is guilty ofan offence and is liable to imprisonment for 5 years and to a tine of'R. 200,000. Discharges of oil. 4. Where a person is charged with an offence under Regula- Special defences. tions 3, it shall be a defence to prove (a) that the oil or oily mixture was discharged to secure the safety of the vessel, or to prevent damage to the vessel or her cargo, or to save life; Provided that a defence under this paragraph shall not have effect if the Court is satisfied that the discharge was not necessary for the purpose alleged in the defence or was not a reasonable step to take in the circumstances; (b) that the oil or oily mixture escaped as a result of 5 1991 ED] MARITIME ZONESACf ICAP 122 Duty lu n::VU1l discharges of oil. damage to the vessel and that as soon as practicable after the damage occured all reasonable steps were taken for preventing, or (ifit could not be prevented) for stopping or reducing the escape of the oil or oily mixture; (c) that the oil or oily mixture escaped as a result of leakage, which was not due to any want ofreasonable care, and that as soon as practicable after the escape was discovered all reasonable steps were taken to stop or reduce it; or (d) if the person is charged as the occupier ofa place on land, that the discharge was caused by the act of a person who was in that place without the express or implied permission of the occupier. 5(1) If any oil or oily mixture (a) is discharged from a vessel into or so as to be likely to pollute a prohibited sea area to secure the safety of the vessel, or to prevent damage to the vessel, or to save life; or (b) is found to be escaping, or to have escaped, into or so as to be likely to pollute a prohibited sea area from a vessel as a result of damage to the vessel or of leakage; or (c) is found to be escaping, or to have escaped, into a prohibited sea area from a place on land, the owner or master ofthe vessel, or the occupier ofthe place on land, as the case may be, shall immediately report the oeeurcnec to the Habour Master stating (i) whether it falls within paragraph (a), (b) or (c); (ii) the position of the discharge; (iii) tit" position uf tit" vessel, 6 1991 ED] MARITIME ZONES ACT [CAP 122 (iv) the estimated amount of oil or oily mixture discharged; (v) the type of oil or oily mixture discharged; and (vi) the estimated direction and speed of the wind. (2) Reports in terms of sub-regulation (1) may be made by radio. 6.(1) The Minister may, by notice in the Gazette, appoint public officers as pollution control officers. (2) For thepurpose ofenforcing these Regulations, a pollution control officer may, with or without a warrant, (a) require a vessel (i) within a prohibited sea area; or (ii) outside a prohibited sea area where he has reasonable grounds to suspect the vessel or a person in the vessel has contravened these Regulations, to stop and to do anything else which will facilitate the boarding of the vessel; (b) board the vessel; (c) require to be produced, examine and make copies of any licence, logbook or other document relating to the vessel or to her cargo or any oil on board; (d) make any examination and enquiry which appears to him to be necessary; (e) take any sample of oil or other substance; and (f) require persons on board the vessel to do anything which appears to him to be necessary to ascertain whether an offence has been committed. (3) Where a pollution control officer has reasonable cause to believe that an offence against these Regulations has been com mitted, he may, with or without warrant, 7 Pollution control officers. 1991 ED] MARITIME ZONESACl' ICAP 122 Hot pursuit. Bar to action. (a) seize and detain the vessel in relation to which the offence was committed, including the equipment, stores and cargo found on board or belonging to the vessel; and (b) arrest" person who he believes has committed such an offence. (4) A person who in any way prevents or hinders a pollution control officer from exercising the powers conferred by this Regulation or Regulation 7 is guilty of an offence and liable to a fine ofR. 75,000. (5) In effecting the seizure ofa vessel under this Regulations a pollution control officer may use such force as may be reason ably necessary. (6) A vessel seized under this Regulation and the crew of the vessel shall be brought to Port Victoria as soon as possible. (7) A vessel or other thing detained under this Regulation shall, as soon as possible, be delivered into the custody of the CommissionerofPolice and shall be released upon demand to the owner or master ifwithin 10 days ofsuch delivery no proceedings are instituted against the owner or master in respect ofan offence against these Regulations. (8) Where a charge is laid the Supreme Court may make such order as it may deem fit relating to the detention or custody ofthe vessel or other things pending the conclusion ofany proceedings instituted in respect of that vessel or those other things. 7. Where, following the commission in a prohibited sea area of an offence against these Regulations by a vessel, which is pursued beyond the limits of a prohibited sea area, the powers conferred on pollution control officers under Regulations 6 shall be exercis able in respect of that vessel beyond the limits of the prohibited sea area, whether within or outside territorial waters, in the circumstances and to the exteru iecognised by international law. 8.(1) No action shall lie against the Government or against a 8 1991 ED] MARITIME ZONESACT [CAP 122 pollution control officer for damages in any civilcourt for any act done or ordered to be done in good faith in pursuance of these Regulations. (2) No prosecution of a pollution control officer, or action which may lawfullybe brought against a pollution control officer, in respect of anything done in pursuance of these Regulations shall be entertained by any court unless instituted within six months from the date of the act complained of. 9. When a person is convicted of an offence against these Detention and Regulations, the Supreme Court - costs. (a) may order that the vessel in relation to which the offence took place, together with its equipment, stores and cargo shall be detained until payment of any fine imposed or until execution ofa bond in terms of Regulation 11; and (b) ill addition to allY other penalty ur order, shall order that (i) any costs incurred in holding the vessel in detention from the time of seizure; and (ii) any costs of repatriation ofany memher of the crew ofthe vessel, shall he payable hy the person convicted. 10. When a person is convicted ofan offence against Regula- Costs of tion 3, the Supreme Court, in addition to any other penalty or restoration. order, may order that he shall pay the whole or any part of any costs incurred in restoring (a) any part of Seychelles; or (b) an animal, bird or other wildlife; or (c) any other thing, affected by the oil or oily mixture the discharge ofwhich caused the offence. 9 1991 ED] MARITIME ZONES ACT [CAP 122 Bonds. 11.(I) Where a vessel is detained under Regulaiton 6 and a charge is laid in relation to that vessel, the owner,licensee, master or local aagent ofthe vessel may apply to the Supreme Court for the release ofthe vessel on the provision ofa satisfactory bond in accordance with this Regulation. (2) The Supreme Court shall order the release ofthe vessel on the execution by a person approved by the Court ofa satisfactory bond for an amount not less than the aggregate value ofthe vessel (including all equipment, stores and cargo), the expenses in curred in the detention ofthe vessel and in the repartriation ofany member ofits crew, the costs ofrestoration under Regulation 10 and the maximum fine to which the defendant would be liable if convicted ofthe offence. (3) Nothwithstanding sub-regulation (2), the Supreme Court may, where it is satisfied that there are special circumstances to justify it in doing so, order that the bond shall be less than the amount required by sub-regulation (2). (4) A bond executed under this Regulation shall not be re leased unless (a) the Supreme Court finds that no offence against the Act or these Regulations has been committed in relation to the vessel; or (b) where the Supreme Court findsthat an offence against the Act or these Regulations has been committed in relation to the vessel, then within 14 days ofthe date ofthe judgment ofthe Court payment is made in full ofany fine imposed and any costs ordered to be paid under Regulations 9(b) or 10. (5) The amount specified in the bond shall he recoverable in full in any court of competent jurisdiction as a debt due to the Government jointly and severally by the persons by whom the bond is given, unless those persons prove that the terms of sub regulation (4)(a) or (b) have been fulfilled. 10 1991 ED] MARITIMEZONES ACT [CAP 122 SCHEDULE PROHIBITED SEA AREAS The territorialwaters of Seychelles II Regulation 3