Prevention of Pollution ofthe Sea Act 1990 · 2020 Revised Edition · Part 4 · Preventive Measures Against Pollutionof the Sea
14. Failure to carry record books and evidence
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If any ship fails to carry an oil record book, cargo record book or ballast water record book as is required under section 12, 13 or 13A, the owner, the agent or the master of that ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
ship
“ship” means a vessel of any type operating in the marine environment and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and fixed or floating platforms;
Any person who fails to comply with any of the requirements imposed by section 12, 13 or 13A or any regulations made under those sections 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, cargo record book or ballast water record book carried or any record kept under section 12, 13 or 13A which is to the person’s 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 12 months or to both.
oil
“oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are prescribed by regulations as being subject to the provisions of Annex II of the Convention) and, without limiting the foregoing, includes the substances prescribed by regulations as being listed in Appendix I of Annex I of the Convention;
In any proceedings under this Act —
any oil record book, cargo record book or ballast water record book carried or any record kept under any regulations made under section 12, 13 or 13A is admissible as evidence of the facts stated in it;
any copy of an entry in such oil record book, cargo record book or ballast water record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of the entry is admissible as evidence of the facts stated in the entry; and
any document purporting to be an oil record book, cargo record book or ballast water record book carried or a record kept under section 12, 13 or 13A, or purporting to be such a certified copy as is mentioned in paragraph (b) is, unless the contrary is proved, presumed to be such a book, record or copy, as the case may be.