Discharge of oil or oily mixture from land to be reported
12 Discharge of oil or oily mixture from land to be reported
If any discharge of oil or of an oily mixture occurs from a place on land into State waters, the occupier of the place shall without delay, notify, in the prescribed manner, a prescribed officer of the occurrence.
Penalty: $5 000.
Where, in compliance with subsection (1), the occupier of a place on land has notified a prescribed officer of the occurrence of a discharge, he shall, if so requested by a prescribed officer furnish, within the prescribed time, a report in relation to the discharge in accordance with the prescribed form to a prescribed officer.
Penalty: $5 000.
A person shall not, in a notice given to a prescribed officer in pursuance of subsection (1) or in a report furnished to a prescribed officer in pursuance of a request made under subsection (2), make a statement that is false or misleading in a material particular.
Penalty: $5 000.
A notice given to a prescribed officer in pursuance of subsection (1), and a report furnished to a prescribed officer in pursuance of a request made under subsection (2), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8(2) or 9(2).
13. Oil record book, duty of ships to carry etc.
This section applies to a ship that is in State waters and —
is an oil tanker; or
has a gross tonnage of 400 or more and is not an oil tanker.
Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship.
An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (6), in relation to each entry made in it and for a signature, in accordance with subsection (7), in relation to each page of it.
If a ship to which this section applies does not carry an oil record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —
if the offender is a natural person — $5 000; or
if the offender is a body corporate — $25 000.
Whenever a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in, the ship’s oil record book, being entries in accordance with subsection (6).
Penalty: $5 000.
An entry in a ship’s oil record book —
shall be made in the English language; and
shall be signed by the master of the ship and, in the case of an entry made in relation to a prescribed operation, by the officer or other person in charge of the operation.
Where a page of a ship’s oil record book is completed, the master of the ship shall, without delay, sign the page.
Penalty: $5 000.
[Section 13 amended: No. 24 of 2023 s. 112.]
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