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Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)

3. Reporting of discharge and damage causing discharge or likelihood of discharge

 

(1) When any harmful substance has been discharged from a ship, tanker or offshore installation the master of such ship, tanker or offshore installation, or any member of the crew of such ship or tanker or of the staff employed in connection with such offshore installation, designated by such master, shall forthwith by the quickest means of communication available report the fact that such discharge has taken place to the principal officer at the port in the Republic nearest to where such ship, tanker or offshore installation is.

[Section 3(1) amended by section 29(a) of Act No. 23 of 1997]

 

(2) If, while it is within the prohibited area, a ship or a tanker sustains any damage, whether to its hull, equipment or machinery, which causes, or creates the likelihood of, a discharge of any harmful substance from such ship or tanker, or having sustained such damage, enters the prohibited area in such damaged condition, the master of such ship or tanker, or any member of its crew designated by the master, shall forthwith by the quickest means of communication available report to the principal officer at the port in the Republic nearest to where such ship or tanker then is the fact that such damage was sustained, the nature and location on the ship or tanker of the damage, the position at sea where the damage was sustained, the name of the ship or tanker, its port of registry, its official  number, its position, its course and, if in the Republic, its destination, the quantity and type of harmful substances on board and, in the case of a tanker to which the provisions of section 13 apply, the particulars contained in the certificate.

[Section 3(2) amended by section 29(b) of Act No. 23 of 1997]

 

(3) For the purposes of subsection (2) damage to a ship or a tanker shall be deemed to have created the likelihood of a discharge of a harmful substance from such ship or tanker if it is of such a nature as to detrimentally affect, in any degree, the ship's or tanker's seaworthiness or efficient working.

[Section 3(3) amended by section 29(c) of Act No. 23 of 1997]

 

(4) If the master of a ship or a tanker fails to comply with the provisions of subsection (1) or (2) or if the master of an offshore installation fails to comply with the provisions of subsection (1), such master shall be guilty of an offence.