Singapore legislation

Section 6

of Prevention of Pollution ofthe Sea Act 1990

Section 6

Prohibition of discharge of refuse, garbage, wastes, effluents, plastics and dangerous pollutants from ships

Amended by26/2017

(1)

Subject to subsection (2) and any regulations made under subsection (5), if any disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form occurs from any ship into Singapore waters, the master, the owner and the agent of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.

Amended by26/2017

(2)

Subsection (1) does not apply to the disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form from a ship —

(a)

which is necessary for the purpose of securing the safety of a ship or saving life at sea; or

(b)

if the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form (as the case may be) escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form, as the case may be.

(3)

Subsection (1) does not apply where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is lost at sea, and all reasonable precautions were taken to prevent the loss.

(4)

For the purposes of subsection (2), damage to a ship or to its equipment is taken to be intentional damage, if the damage arose in circumstances in which the master, the owner or the agent of the ship —

(a)

acted with intent to cause the damage; or

(b)

acted recklessly and with knowledge that damage would probably result.

(5)

The Authority may, with the approval of the Minister, make regulations to exempt any 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 refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form or to the disposal or discharge thereof in prescribed circumstances, or in relation to particular areas of the sea.