As enacted

Contents

Marine Pollution Prevention Act 1981 · As enacted · Part II · Prevention of Poollution—-Criminal Liability

3. Discharge or esca’ or other ollutant Into j Lanka waters

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

If any oil or other pollutant is discharged or escapes into Sri Lanka waters from any ship, or from any apparatus used for transferring oil or other pollutant to or from a ship (whether to or from a place on land or from another ship) or from an off-shore installation or from a pipe line or from any place on land or as the result of any operation for the exploration of the seabed or subsoil or the explora-tion of the natural resources thereof, then, subject to the provisions of this Act—

(a)

where the discharge or escape is from a ship, the owner, operator, master or the agent of the ship;

(b)

where the discharge or escape occurs during the course of transferring oil or a pollutant to or from a ship, the owner or the master of the ship, or where the discharge or escape is from any apparatus used for transferring oil or a pollutant, the owner or the person in charge of the apparatus ; or

(c)

where the discharge or escape is from an off-shore installation or as the result of any operations for the exploration of the seabed or subsoil or the exploration of the natural resources thereof, the owner or the occupier of that installation or the person carrying on the operation or the person in charge of the operation ; or

(d)

where the discharge or escape is from a pipe line, the owner or operator of the pipe line; or

(e)

where the discharge or escape is from a place on land, the owner or the occupier of that place, or if the discharge or escape is caused by the act of another person who is in that place without the permission

(express or implied) of the owner or occupier, that person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one million rupees,

Dum;

Terms defined in s 37

master
Defined · s 37
“master” includes every person, except a pilot, having command of any ship or being in charge of any ship;
Open s 37
occupier
Defined · s 37
“occupier” means the person in actual occupation of a place or land or if there is no such person, the owner thereof;
Open s 37
off-shore installation
Defined · s 37
“ off-shore installation” includes— (a) any installation or device (whether permanent or temporary) constructed, erected, placed or used in or on or above the sea-bed and sub-soil of Sri Lanka waters, (b) any installation or device (whether permanent or temporary) constructed, erected, placed or used in or above the sea-bed and sub-soil of the continental shelf in connection with the exploitation of the natural resources thereof, {c) anything afloat (other than a ship) if it is anchored or attached to the bed or shore of any Sri Lanka waters or if it is anchored to the bed of the waters over the continental shelf in connection with exploration for and exploitation of the natural resources thereof, (d) any installation or device constructed, erected, placed or used in or above the sea-bed and sub-soil of Sri Lanka waters or of the conti-nental shelf in connection with any scientific research activity, (e) any structure connecting an off-shore installa-tion with any other off-shore installation;
Open s 37
oil
Defined · s 37
“oil” means oil of any description in any form and includes spirits and other distilates produced from oil of any description and coal, tar, bitumen, bitu-men emulsions, fuel oil, sludge oil refuse and oil mixed with waste; and includes mixtures of oil with waste or with any other substance;
Open s 37
owner
Defined · s 37
“ owner” means the person registered as the owner or in the absence of registration, the person owning or in possession;
Open s 37
pollutant
Defined · s 37
“pollutant” means any substance or any substance that is a part of a class of substances, prescribed by the Minister to be a pollutant for the purposes of this Act and includes any water contaminated by such substance; SO
Open s 37
ship
Defined · s 37
“ ship” means a vessel of any type whatsoever operating in the marine environment and includes fishing trawlers, hydrafoil boats, aircyshion vehicles, submersibles.barges, floating-craft and fixed or floating platforms without regard to the method of or the lack of propulsion; °
Open s 37
Sri Lanka waters
Defined · s 37
“Sri Lanka waters” means the following waters:— (a) the territorial sea, (b) the contiguous zone, (c) the exclusive economic zone, (d) the continental shelf, (e) the pollution prevention zone, as defined in the Maritime Zones Law…
Open s 37

Report

Read on from s 4

Part III

Prevention of Pollution—Crvil Liability

Read on from Part III

Part IV

Preventive Measures Against Pollution

Read on from Part IV

Part V

Read on from Part V

Part VI

Manivtim® Casualties

Read on from Part VI

Part VU

Implementation of International Conventions

Read on from Part VU

Part VII

Miscellaneous Provisions

Read on from Part VII