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Marine Pollution (Control and Civil Liability) Act, 1981
Marine Pollution (Control and Civil Liability) Act 6 of 1981: Regulations
Government Notice R1276 of 1984
- Published in Government Gazette 9277 on 29 June 1984
- Commenced on 29 June 1984
- [This is the version of this document as it was from 9 May 1997 to 4 December 1997.]
Chapter I
1. Definitions
In these regulations, unless the context otherwise indicates—“the Act” shall mean the Prevention and Combating of Pollution of the Sea by Oil Act, 1981 (Act 6 of 1981);“Club” shall mean a so-called P and I Club, being a shipowners’ mutual protection and indemnity association;"detention officer" shall mean an officer referred to in regulation 6(1);“fishing harbour” means a fishing harbour as defined in section 1 of the Sea Fisheries Act, 1973 (Act 58 of 1973);“harbour” means a harbour as defined in section 1 of the Transport Services Act, 1981 (Act 65 of 1981);“immobilise” shall mean render any ship having oil on board (whether as cargo or otherwise) or tanker, incapable of sailing or manoeuvring under its own power, as contemplated in section 21(1)(a) of the Act;“internal waters” means the internal waters as defined in section 1 of the Marine Traffic Act, 1981 (Act 2 of 1981);“laden ship”, in relation to the transfer of oil, shall mean the ship or tanker from which oil is transferred;“receiver ship”, in relation to the transfer of oil, shall mean the ship or tanker to which oil is transferred;“representative officer” shall mean an officer referred to in regulation 17(1);and any other word or expression to which a meaning has been assigned in the Act shall have such meaning.Chapter II
Issue of certificate of insurance or other financial security
2. Application for a certificate
Every application referred to in section 14(1)(a) of the Act shall be accompanied by the following particulars and payment:3. Issue of certificate
Each certificate issued by the Director-General shall be in the form of Annexure A: Provided that in relation to a tanker owned by the Government of the Republic and for the time being used for commercial purposes, the Director-General may issue a certificate adhering as closely as practicable to the said form and stating that such tanker is owned by the Government of the Repubic and that any liability which may be incurred in connection with such tanker under Article III of the Convention or section 9(1) of the Act will be met by the Government of the Republic to the extent of the aggregate amount referred to in Article V of the Convention or section 9(5) of the Act.4. Variations, suspensions or cancellations
The owner of a tanker and also the person providing the insurance or other financial security concerned shall forth-whith notify the Director-General of any variation, suspension or cancellation of any stipulation or condition on which such insurance or other financial security was obtained or furnished.Chapter III
Detention of ships and tankers
5. Notice of detention
6. Service of notice of detention
7. Return of service
8. Steps or arrangements by minister
If the detained or seized ship or tanker is not in a harbour or a fishing harbour, the Minister may take such steps or make such arrangements as he may deem necessary to prevent such ship or tanker from leaving the internal waters or the territorial waters of the Republic.9. Release from detention or seizure
Chapter IV
Immobilisation of ships and tankers
10. Application for permission to immobilise
Any person desiring to immobilise a ship or a tanker shall apply in writing to the Minister for permission to do so and such application shall contain the following information:11. Progress reports
The master of an immobilised ship or tanker shall regularly, at least once a day, report to the principal officer the progress of the work being undertaken in connection with the purpose for which such ship or tanker has been so immobilised.12. Services of tugboats
Whenever the Minister requires the master of an immobilised ship or tanker to employ a tugboat, such master shall permit the master of such tugboat or his representative to board such ship or tanker and to lay out or to prepare the necessary ropes and wires or to advise the master of such ship or tanker on the layout or preparing of such ropes and wires.Chapter V
Transfer of oil from a ship or tanker to another ship or tanker
13. Application of chapter
The provisions of this Chapter shall not apply to—14. Application for the transfer of oil
15. Certificates and certain deposits or guarantees
If a certificate is carried on board the laden ship or the receiver ship, or if a deposit or guarantee is required under section 16 of the Act, a certified copy of such certificate shall be submitted, or such deposit paid or such guarantee furnished, not less than 48 hours prior to the commencement of the transfer.16. Certificate of fitness
17. Representing officers
18. Appointment of persons to conduct transfer operation
The owners of the ships or tankers concerned shall appoint, subject to the Director-General’s approval, one or more suitably qualified and experienced persons to conduct the approach, docking and undocking of such ships or tankers, and to co-ordinate, conduct and supervise the transfer operation.19. Services of tugboats
The provisions of regulation 12 shall apply mutatis mutandis to the master of a laden ship or receiver ship.20. Precautions prior to and during transfer operation
21. Duties of persons conducting transfer operation
A person appointed in terms of regulation 18 shall ensure—Chapter VI
Pollution safety certificates
22. Application for pollution safety certificate
An application referred to in section 24(3) of the Act shall be accompanied by the following particulars and documents:23. Construction and operation of offshore installations
An offshore installation shall—24. Inspection of offshore installations
25. Issue of pollution safety certificate
26. Steps to combat or prevent pollution
Upon a discharge of oil from an offshore installation having been reported to a principal officer in terms of section 3(1) of the Act, the master or the owner of such offshore installation shall, unless such principal officer directs otherwise, take such steps as may be described in the contingency plan referred to in regulation 22(f) in order to combat the pollution or to prevent pollution by any further such discharge of oil.Chapter VII
Oil dispersants
[Chapter VII added by section 2 of Government Notice R662 of 1997]28. Use of oil dispersants
History of this document
05 December 1997 amendment not yet applied
09 May 1997 this version
29 June 1984
Cited documents 1
Legislation 1
1. | Marine Pollution (Control and Civil Liability) Act, 1981 | 58 citations |