Prevention of Pollution of the Sea Act

In this Act, unless the context otherwise requires —

“appointed authority” means the Director of Marine, the Port of Singapore Authority and any person appointed by the Minister for the purposes of this Act;

“Convention of 1954” means the International Convention for the Prevention of Pollution of the Sea by Oil 1954 done at London on 12th May 1954 and the amendments made thereto and includes any Convention replacing the Convention of 1954;

“Director” means the Director of Marine appointed under section 6 of the Merchant Shipping Act [Cap. 179] and includes the Deputy Director of Marine appointed under that section;

“master” includes every person, except a pilot, having command or charge of any ship;

“mixture containing oil” means a mixture with an oil content of 100 parts or more in 1,000,000 parts of the mixture;

“occupier”, in relation to any place on land if it has no occupier, means the owner thereof and, in relation to a railway wagon or road vehicle, means the person in charge of the wagon or road vehicle and not the occupier of the land on which the wagon or vehicle stands;

“oil” means oil of any description and includes spirit produced from oil of any description, and also includes coal tar;

“oil reception facilities” has the same meaning as is assigned to it in section 8;

“oil residues” means any waste material consisting of, or arising from, oil or a mixture containing oil;

“oil terminal” means any place having permanent means of loading or discharging petroleum, whether in bulk or package, into or from any vessel;

“owner”, in relation to a vessel, means the person registered as the owner of the vessel or, in the absence of registration, the person owning the vessel: Provided that in the case of a vessel owned by a state and operated by a company which in that state is registered as the vessel’s operator, “owner” shall include such state;

“place on land” includes anything resting on the bed or shore of the sea, or of Singapore waters, and also includes anything afloat (other than a vessel) if it is anchored or attached to the bed or shore of the sea or of Singapore waters;

“port” has the same meaning as is assigned to it in the Port of Singapore Authority Act [Cap. 236];

“Port Master” means the Port Master appointed under section 30 of the Port of Singapore Authority Act and includes any Deputy Port Master appointed under that section;

“Port of Singapore Authority” means the Port of Singapore Authority established under the Port of Singapore Authority Act;

“proper authority”, for the purposes of section 5(6), means the Director of Marine or the Port of Singapore Authority;

“ship” includes every description of vessel used in navigation not propelled by oars;

“Singapore ship” means a ship registered under Part XIII of the Merchant Shipping Act [Cap. 179];

“Singapore waters” means the following waters:

“substance of a dangerous or obnoxious nature” includes any substance which the Minister may, by notification published in the Gazette, declare to be deemed to be a substance of a dangerous or obnoxious nature, as the case may be, for the purposes of this Act;

“surveyor of ships” means a surveyor of ships appointed under section 8 of the Merchant Shipping Act;

“trade effluent” means the solid or liquid waste of any trade, business or manufacture;

“vessel” includes any ship, boat, air-cushioned vehicle, floating rig or platform used in any form of operations at sea or any other description of vessel.

For the purpose of any provision of this Act relating to the discharge of oil, a mixture containing oil, refuse, garbage, waste matter or substance of a dangerous or obnoxious nature from a vessel, any floating craft other than a vessel which is attached to a vessel shall be treated as part of the vessel.

Any reference in any provision of this Act to a mixture containing oil shall be construed as a reference to any mixture of oil with water or with any substance.

Any reference in this Act to the discharge of oil, a mixture containing oil, refuse, garbage, waste matter, substance of a dangerous or obnoxious nature or trade effluent to its being discharged from a vessel, place or thing, except where the reference is to its being discharged for a specific purpose, includes a reference to the escape of the oil, mixture containing oil, refuse, garbage, waste matter, substance of a dangerous or obnoxious nature or trade effluent, as the case may be, to its escaping from that vessel, place or thing.

Any power in this Act to test any equipment on board a vessel shall be construed as including a power to require persons on board the vessel to carry out such work as may be requisite for the purpose of the equipment; and provision of this Act as to submitting equipment for testing shall be construed accordingly.

Any reference in this Act to the discharge or escape of any oil from a vessel or place on land shall be construed as a reference to the discharge or escape of the oil from the vessel or place on land at any place in or outside the area of Singapore and the reference to the area of Singapore shall include the territorial waters of Singapore.

If any oil or mixture containing oil is discharged from a Singapore ship into any part of the sea outside the territorial limits of Singapore, the owner, the agent or the master of such ship shall, subject to the provisions of this Act, be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both.

The Minister may make regulations to exempt any Singapore ship from the operation of subsection (1), either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of oil or mixture containing oil or to the discharge of oil or mixture containing oil in prescribed circumstances, or in relation to particular areas of the sea.

Where a person is charged with an offence under section 3, or is charged with an offence under section 4 as the owner, the master or the agent of a vessel, it shall be a defence to prove that the oil or mixture containing oil in question was discharged for the purpose of securing the safety of any vessel, or preventing damage to any vessel or cargo, or of saving life:Provided that a defence under this subsection shall not have effect if the court is satisfied that the discharge of the oil or mixture containing oil was not necessary for the purpose alleged in the defence or was not a reasonable step to take in the circumstances.

Where a person is charged with an offence under section 3, or is charged with an offence under section 4 as the owner, the agent or the master of a vessel, it shall also be a defence to prove —

Where a person is charged with an offence under section 4 as the occupier of a place on land, or as the person in charge of any apparatus, from which the oil or mixture containing oil is alleged to have escaped, it shall be a defence to prove that the 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.

Without prejudice to subsection (3), it shall be a defence for the occupier of a place on land, who is charged with an offence under section 4, 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 occupier.

Where a person is charged with an offence under section 4 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 —

Where any oil or mixture containing oil is discharged in consequence of the removal of sunk, stranded or abandoned vessels by the proper authority in exercise of any power conferred by any written law, and apart from this subsection the proper authority exercising the power, or a person employed by or acting on behalf of the proper authority, would be guilty of an offence under section 4, in respect of that discharge, the proper authority or person shall not be convicted of that offence unless it is shown that the proper authority or that person failed to take such steps (if any) as were reasonable in the circumstances for preventing, stopping or reducing the discharge.

The Port of Singapore Authority shall have power to provide facilities for enabling vessels using the port to discharge or deposit oil residues, refuse, waste matter and garbage (referred to in this Act as oil reception facilities). The power of the Port of Singapore Authority to provide oil reception facilities shall include power —

Any oil reception facilities provided by the Port of Singapore Authority may be rendered outside and within the limits of the port.

The Port of Singapore Authority may, with the approval of the Minister, make regulations in respect of every matter relating to the provision of oil reception facilities. Without prejudice to the generality of the foregoing provisions, those regulations may provide —

For the purpose of preventing or reducing the discharge of oil or mixture containing oil into the sea, the Minister may make regulations requiring all ships in Singapore waters to be fitted with such equipment, and to comply with such other requirements, as may be prescribed.

Without prejudice to the generality of subsection (1), where any regulations made thereunder require ships to be fitted with equipment of a prescribed description, the regulations may provide that equipment of that description —

The Minister may appoint persons to carry out tests for the purposes of any regulations made under this section and, in respect of the carrying out of such tests, may charge such fees as may be prescribed by the regulations.

Every surveyor of ships shall be taken to be a person appointed by the Minister to carry out tests for the purposes of any regulations made under this section, in so far as they relate to tests required in accordance with subsection (2)(b).

If, in the case of any ship, the provisions of any regulations made under this section which apply to that ship are contravened, the owner, the master or the agent of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

The Minister may make regulations requiring oil record books to be carried in all ships in Singapore waters and requiring the master of any such ship to record in the oil record book carried by it —

The Minister may make regulations requiring the keeping of records relating to the transfer of oil to and from vessels while they are in Singapore waters.

The requirements of any regulations made under subsection (2) shall be in addition to the requirements of any regulations made under subsection (1).

Any records requiring to be kept by regulations made under subsection (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.

Regulations made under this section requiring the carrying of oil record books or the keeping of records may —

If any ship fails to carry such an oil record book as she is required to carry under this section, the owner, the agent or the master shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Any person who fails to comply with any requirements imposed by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Any person who makes an entry in any oil record book carried or record kept under this section which is to his knowledge false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both.

In any proceedings under this Act —

No oil shall be transferred between the hours of 6 p.m. and 6 a.m. to or from a vessel in Singapore waters unless the requisite notice has been given in accordance with this section.

For the purposes of this section, a general notice may be given to the Director and the Port Master that transfers of oil between the hours of 6 p.m. and 6 a.m. 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 requiste notice for the purposes of this section as regards transfers of oil at that place within the period specified in the notice:Provided that the period specified in such a notice shall not extend beyond the end of the period of 12 months beginning with the date on which the notice is given.

Subject to subsection (2), the requisite notice for the purposes of this section shall be a notice given to the Director and the Port Master not less than 3 hours nor more than 96 hours before the transfer of oil begins.

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 guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

If any refuse, garbage, waste matter, substance of a dangerous or obnoxious nature or trade effluent is discharged or escapes from a vessel, the owner of the vessel shall be liable for the costs of any measure reasonably taken after the discharge or escape for the purpose of removing it and for preventing or reducing any damage caused in Singapore by contamination resulting from the discharge or escape.

Where the refuse, garbage, waste matter, substance of a dangerous or other obnoxious nature or trade effluent is discharged or escapes from two or more ships —

If any oil or mixture containing oil is discharged or escapes from any vessel into Singapore waters or into the sea outside the territorial limits of Singapore and the oil subsequently flows or drifts into Singapore waters, the owner of the vessel shall be liable for the costs of any measures reasonably taken by the appointed authority after the discharge or escape for the purpose of removing it and for preventing or reducing any damage caused in Singapore by contamination resulting from the discharge or escape.

Where the oil or mixture containing oil is discharged or escapes from two or more vessels and a liability is incurred under this section by the owner of each of them but the damage or cost of which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable, the owners shall be liable, jointly and severally with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.

The reference in this section to the measures reasonably taken after the discharge or escape of oil for the purpose of preventing or reducing any damage caused by contamination resulting from the discharge or escape shall include actions taken to remove the oil from the water and foreshores or the taking of such other actions as may be necessary to minimise or mitigate damage to the public health or welfare, including, but not limited to fish, shellfish, wildlife, and public and private property, foreshores and beaches.

This section shall not apply where section 3 of the Merchant Shipping (Oil Pollution) Act [Cap. 180] applies.

Notwithstanding any proceedings which may be instituted under section 4 or 6, the Director or the Port Master may detain any vessel if the Director or the Port Master has reasonable cause to believe that any oil or mixture containing oil, refuse, garbage, waste matter, substance of a dangerous or obnoxious nature or trade effluent has been discharged or has escaped from the vessel and that the owner of the vessel has incurred a liability under section 13 or 14, and the vessel may be so detained until the owner of the vessel deposits with the Government or the Port of Singapore Authority a sum of money or furnishes such security which would, in the opinion of the Director or the Port Master, be adequate to meet the owner’s liability incurred under section 13 or 14.

Section 3(1)(a) of the High Court (Admiralty Jurisdiction) Act [Cap. 123] shall be construed as extending to any claim in respect of a liability incurred by the owner of a ship under this Act.

If any vessel is detained under section 17 and the vessel proceeds to sea before it is released by the competent authority, the master of the vessel, and also the owner thereof and any person who sends the vessel to sea, if that owner or person is party or privy to the act of sending the vessel to sea, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

Any person authorised under this Act to detain a vessel may, if he thinks it necessary, place a police guard on board.

The Government may, by its officers, employees, agents or contractors, enter upon any land adjoining the sea or foreshore for the purpose of removing or eliminating any oil, mixture containing oil, garbage, waste matter, substance of a dangerous or obnoxious nature, or trade effluent from Singapore waters.

In the exercise of the powers conferred by subsection (1), the Government shall pay compensation to the owner of the land for any permanent injury caused to the land.

If any dispute arises as to the amount of compensation payable to the owner of such land, the dispute may be summarily determined by a District Court or by a Magistrate’s Court.

Save as provided in subsection (2), no action shall be brought against the Government for any compensation in respect of any damage caused arising out of the exercise of the powers conferred by subsection (1).

The provisions of this Act do not apply to vessels belonging to the naval, military or air forces of Singapore or of any other country.

Subject to subsection (1), the provisions of this Act shall apply to all ships belonging to or in the employment of the Government, and in such application the word “Director” shall be read for “owner”.

The Minister may exempt any ship trading or proceeding to or from a port or place outside Singapore waters from sections 9 and 10.

Any exemption granted by the Minister under this section may be granted subject to such conditions as the Minister thinks fit; the exemption shall not have effect unless those conditions are complied with.

The Director, the Port Master or a police officer may arrest without warrant any person who has committed or whom he reasonably believes to have committed an offence under this Act or any regulations made thereunder and take him before a Magistrate’s Court or a District Court, as the case may be, to be dealt with according to law.

Any article concerning, by or for which an offence has been committed may be seized and taken to a police station, unless given up sooner by order of a Magistrate’s Court or a District Court, until the charge is decided in due course of law.

The Director may appoint so many other officers as he may think fit for the purpose of carrying out all or any of the powers conferred on the Director by this Act.

Every officer so appointed by the Director may go on board any ship at any time and inspect the ship or any part thereof, or any of the machinery, equipment or articles on board the ship to which the provisions of this Act or any of the regulations made thereunder apply.

The Minister may make such regulations as appear to him necessary or expedient for the purposes of carrying out the provisions of this Act.

Without prejudice to the generality of subsection (1), the Minister may by such regulations —

Any regulations made under this Act may provide that a contravention thereof shall be punishable by a fine not exceeding $5,000 or with imprisonment for a term not exceeding 2 years or with both.