MARINE POLLUTION PREVENTION ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF THE MARINE POLLUTION PREVENTION AUTHORITY

2. Establishment of the Marine Pollution Prevention Authority.

PART II

PREVENTION OF POLLUTION "CRIMINAL LIABILITY”

3. Discharge or escape of oil or other pollutant into Sri Lanka waters.

4. Dumping oil or other pollutant into Sri Lanka waters.

5. Special defences.

PART III

PREVENTION OF POLLUTION "CIVIL LIABILITY”

6. Civil liability.

7. Special defences.

8. Limitation of liability.

9. Compulsory insurance.

PART IV

PREVENTIVE MEASURES AGAINST POLLUTION

10. Record books relating to oil and pollutants.

11. Restriction on transfer of oil.

12. Duty to report discharge of oil or other pollutant into Sri Lanka waters.

PART V

RECEPTION FACILITIES AND EQUIPMENT IN SHIPS

13. Reception facilities to discharge or deposit oil or pollutants.

14. Equipment in ship to prevent pollution.

PART VI

MARITIME CASUALTIES

15. Maritime casualties.

16. Measures taken under section 15 to be proportionate to actual or threatened damage.

PART VII

IMPLEMENTATION OF INTERNATIONAL CONVENTIONS

17. Powers of the Minister to implement International Conventions.

18. Additional defences.

PART VIII

MISCELLANEOUS PROVISIONS

19. Power of inspection, survey.

20. Power to enter any land or premises.

21. Duty to co-operate.

22. Power to detain ship.

23. Detained ship proceeding to sea.

24. Notice to Consular Officer on detention of foreign ship.

25. Notices, to be in writing.

26. Service of documents.

27. Sale of ship.

28. Non-application to naval ships.

29. Jurisdiction of the Courts.

30. Powers of arrest.

31. Who may prosecute.

32. Fines to be credited to powers by the authority.

33. Delegation of powers by the authority.

34. Regulations.

35. Suits or legal proceeding not to lie against authority or employees in certain circumstances.

36. Power of the minister in relation to the authority.

37. Interpretation.

59 of 1981.

AN ACT to provide for the prevention, reduction and control of pollution in Sri Lanka waters, to give effect to international conventions for the prevention of pollution of the sea and for matters connected with or incidental thereto.

[Date of Commencement: 16th September, 1981]

1. Short title.

This Act may foe cited as the Marine Pollution Prevention Act.

PART I

Establishment of the Marine Pollution Prevention Authority

2. Establishment of the Marine Pollution Prevention Authority.

(1) There shall be established an Authority to be called the Marine Pollution Prevention Authority (hereinafter referred to as "the Authority”) and which shall consist of the persons who are for the time being members of the Authority under subsection (3).

(2) Subject to the general direction and control of the Minister, the Authority shall be responsible for the administration of the provisions of this Act.

(3) The Authority shall consist of the following members appointed by the Minister—

(a) three members who appear to the Minister to have wide experience and shown capacity in shipping, port operations and marine pollution prevention;

(b) one member to be nominated by the Minister in charge of the subject of Foreign Affairs; and

(c) one member to be nominated by the Minister in charge or the subject of Fisheries.

(4) The Minister shall appoint one of the members appointed under paragraph (a) of subsection (3) to be the Chairman of the Authority.

(5) The Chairman and the members appointed by the Minister under paragraph (a) of subsection (3) shall, subject to the provisions of subsection (7), hold office for a term of three years and shall be eligible for reappointment.

(6) The Minister may, by Order published in the Gazette, remove from office the Chairman or any member of the Authority appointed under subsection (3) without assigning any reason there for:

Provided, however, that no member appointed under paragraph (b) or paragraph (c) of subsection (3) shall be removed from office under this subsection without the concurrence of the Minister who nominated such member.

(7) In the event of the vacation of office by the Chairman or any member of the Authority appointed under subsection (3) or his removal from office under the provisions of the preceding subsection, the Minister may appoint another person to hold such office during the unexpired part of the term of office of the member whom he succeeds:

Provided, however, that if such vacation of office or removal of office is by, or of, a member appointed under paragraph (b) or paragraph (c) of subsection (3), no appointment shall be made under this subsection without the concurrence of the Minister who nominated such member.

(8) If the Chairman or any member of the Authority appointed under subsection (3) is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause, the Minister may appoint some other person to act in his place as Chairman or as member, as the case may be:

Provided, however, that if the member so unable to discharge the duties of his office is a member appointed under paragraph (b) or paragraph (c) of subsection (3), no appointment shall be made under this subsection without the concurrence of the Minister who nominated such member.

(9) The Chairman or any member may earlier resign his office as Chairman or member, as the case may be, by letter in that behalf addressed to the Minister.

(10) A person shall be disqualified from being appointed or nominated as a member or continuing as a member of the Authority if he is, or becomes, a Member of Parliament.

(11) No act or proceeding of the Authority shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment of a member thereof.

(12) The members of the Authority may be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(13) The quorum for any meeting of the Authority shall be three members and the Authority may regulate the procedure in regard to the meetings of such Authority and the transactions at such meetings.

PART II

Prevention of Pollution "Criminal Liability”

3. Discharge or escape of oil or other pollutant into Sri Lanka waters.

If any oil or other pollutant is discharged or escapes into Sri Lanka waters from any ship, or from any apparatus used for transferring oil or other pollutant to or from a ship (whether to or from a place on land or from another ship) or from an off-shore installation or from a pipe line or from any place on land or as the result of any operation for the exploration of the seabed or subsoil or the exploration of the natural resources thereof, then, subject to the provisions of this Act—

(a) Where the discharge or escape is from a ship, the owner, operator, master or the agent of the ship; or

(b) where the discharge or escape occurs during the course of transferring oil or a pollutant to or from a ship, the owner or the master of the ship, or where the discharge or escape is from any apparatus used for transferring oil or a pollutant, the owner or the person in charge of the apparatus; or

(c) where the discharge or escape is from an off-shore installation or as the result of any operations for the exploration of the seabed or subsoil or the exploration of the natural resources thereof, the owner or the occupier of that installation or the person carrying on the operation or the person in charge of the operation; or

(d) Where the discharge or escape is from a pipe line, the owner or operator of the pipe line; or

(e) where the discharge or escape is from a place on land, the owner or the occupier of that place, or if the discharge, or escape is caused by the act of another person who is in that place without the permission (express or implied) of the owner or occupier, that person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one million rupees.

4. Dumping oil or other pollutant into Sri Lanka waters.

Any person who, except in accordance with the terms and conditions of a permit obtained from the Authority. Dumps any oil or other pollutant into Sri Lanka waters shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one million rupees.

5. Special defences.

(1) Where a person charged under section 3 or section 4 is the owner, operator, master or agent a ship or is the owner or occupier of an off-shore installation it shall be a defense to prove that the oil or other pollutant in question was discharged or dumped for the purpose of securing the safety of any ship or any off-shore installation or preventing any damage to such ship, off-shore installation or cargo or for saving human life at sea and reasonable care has been taken in minimising the damage caused by such discharge or dumping.

(2) Where a person charged with an offence under section 3 is the owner, operator, master or agent of a ship, it shall be a defense to prove—

(a) That the oil or other pollutant escaped in consequence of damage to the ship and that all reasonable precautions were taken after the discovery of the escape for the purpose of preventing and minimising the escape;

(b) that the oil or other pollutant escaped by reason of leakage, which 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 the purpose of preventing or minimising the escape.

(3)—

(a) Where a person charged with an offence under section 3 is the owner or person in charge of any apparatus or is the owner or occupier of an off-shore installation, pipe line or place on land, as the case may be, from which the oil or other pollutant is alleged to have escaped, it shall be a defense to prove that the escape of the oil or other pollutant 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

(b) It shall be a defense for the owner or occupier of an off-shore installation, pipe line or place on land to prove that the discharge was caused by the act of a person who was in that place without the permission (express or implied) of the owner or occupier.

(4) No liability shall arise under section 3 or section 4—

(a) Where any oil or other pollutant is discharged or dumped in consequence of the removal of sunk, stranded or abandoned vessels by the Authority in exercise of any power conferred by any written law or acting under the written instructions of the Minister;

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