Prevention of Pollution of the Sea (Amendment) Bill

Bill No. 16/1981

Read the first time on 15th June 1981.

An Act to amend the Prevention of Pollution of the Sea Act, 1971 (No. 3 of 1971).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Prevention of Pollution of the Sea (Amendment) Act, 1981, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Prevention of Pollution of the Sea Act, 1971 (referred to in this Act as the principal Act) is amended —

(a)

by deleting the words “sections 13, 14, 15 and 16 of” in the definition of “appointed authority” in subsection (1);

(b)

by deleting the definition of “vessel” in subsection (1) and substituting the following definition: —

“ “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.”; and

(c)

by inserting, immediately after subsection (5), the following subsection: —

“(6) 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.”.

New sections 14 and 15

3. The principal Act is amended by inserting, immediately after section 13, the following sections: —

“Recovery of costs for removing oil

14.—(1) 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 such oil subsequently flows or drifts into Singapore waters, the owner of the vessel shall be liable for the costs of any measure reasonably taken by the appointed authority after the discharge or escape for the purpose of removing the same and for preventing or reducing any damage caused in Singapore by contamination resulting from the discharge or escape.

(2) 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.

(3) 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 such 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 minimize 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.

(4) This section shall not apply where section 3 of the Merchant Shipping (Oil Pollution) Act, 1981, applies.

Recovery of costs from occupier of land

15. If any oil or mixture containing oil is discharged into Singapore waters from any place on land, the occupier of that place shall be liable to pay for the cost incurred by the appointed authority in removing or eliminating the oil or mixture containing oil.”.

Repeal and re-enactment of section 17

4. Section 17 of the principal Act is repealed and the following section substituted therefor: —

“Power to detain vessels

17.—(1) 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 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.

(2) Paragraph (a) of subsection (1) of section 3 of the High Court (Admiralty Jurisdiction) Act (Cap. 6) shall be construed as extending to any claim in respect of a liability incurred by the owner of a ship under this Act.”.

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