In force2020 Revised Edition

Contents

Prevention of Pollution ofthe Sea Act 1990 · 2020 Revised Edition · Part 5 · Recovery of Costs

17. Recovery of costs for removing refuse, garbage, wastes, plastics, effluents and dangerous pollutants discharged from ships

(1)

If any refuse, garbage, waste matter, plastics, marine pollutant in packaged form or trade effluent is discharged from any ship into Singapore waters or into any part of the sea or waters outside Singapore waters and the refuse, garbage, waste matter, plastics, marine pollutant or trade effluent subsequently drifts or flows into Singapore waters, the owner of the ship shall be liable to pay for the costs of any measure reasonably taken by the appointed authority after the discharge for the purpose of removing it and for preventing or reducing any damage caused in Singapore by contamination resulting from the discharge.

(2)

Where the refuse, garbage, waste matter, plastics, marine pollutant in packaged form or trade effluent is discharged from 2 or more ships —

(a)

a liability is incurred under this section by the owner of each of them; but(b)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,each of 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.

Terms defined in s 2

appointed authority
Defined · s 2
“appointed authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996 and any person appointed by the Minister for the purposes of this Act or any regulations made under this Act;
Open s 2
discharge
Defined · s 2
“discharge”, in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship, place or thing and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying but does not include —(a)release of harmful substances directly arising from the exploration, exploitation and associated off‑shore processing of seabed mineral resources; or(b)release of harmful substances for purposes of legitimate scientific research into pollution abatement or control;
Open s 2
garbage
Defined · s 2
“garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;
Open s 2
in packaged form
Defined · s 2
“in packaged form” means in an individual package or receptacle including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment;
Open s 2
marine pollutant
Defined · s 2
“marine pollutant” means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time;
Open s 2
owner
Defined · s 2
“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship or the bareboat charterer of the ship; and, in the case of a ship owned by a state and operated by a company which in that state is registered as the ship’s operator,
Open s 2
plastics
Defined · s 2
“plastics” includes, but is not limited to, synthetic ropes, synthetic fishing nets and plastic garbage bags;
Open s 2
ship
Defined · s 2
“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;
Open s 2
Singapore waters
Defined · s 2
“Singapore waters” means the following waters:(a)the whole of the sea within the seaward limits of the territorial waters of Singapore; (b)all other waters (including inland waters) which are within these limits and are subject to the ebb and flow of the ordinary tides;
Open s 2
trade effluent
Defined · s 2
“trade effluent” means the solid or liquid waste of any trade, business or manufacture.
Open s 2

Report

Read on from s 18

Part 6

Miscellaneous Provisions

Read on from Part 6