| (1) |
If any harmful substance is being discharged or is in the opinion of the Authority likely to be discharged from a ship or a tanker the Authority may, with a view to preventing the pollution or further pollution of the sea by such substance, require the master or the owner of such ship or tanker or both such master and owner— |
(a)
| (i) |
to unload the harmful substance from the ship or tanker or any such substance from a specified part of the ship or tanker; |
| (ii) |
to transfer any harmful substance from a specified part of the ship or tanker to another specified part of the ship or tanker; |
| (iii) |
to dispose of any harmful substance so unloaded or transferred, |
in such manner and within such period as the Authority may direct;
[Section 4(1)(a) amended by section 2(2) (item 56(a) Sch) of Act No. 5 of 1998]
| (b) |
to move the ship or tanker or cause the ship or tanker to be moved to a place specified by the Authority; |
| (c) |
not to move the ship or tanker from a place specified by the Authority, except with the approval of the Authority and in accordance with the conditions subject to which such approval was granted; |
| (d) |
not to unload any cargo or harmful substance, or any cargo or harmful substance specified by the Authority, from the ship or tanker except with the approval of the Authority and in accordance with the conditions subject to which such approval was granted; |
| (e) |
to carry out such operations for the sinking or destruction of the ship or tanker, or any part thereof, or the destruction of the harmful substances in the ship or tanker, or such quantity thereof, as the Authority may specify; |
| (f) |
to steer such course, while the ship or tanker is within the prohibited area, as the Authority may specify; |
| (g) |
to obtain the services of one or more suitable vessels to stand by such ship or tanker during a period determined by the Authority; |
| (h) |
to take such other steps in regard to the ship or tanker or its cargo or the harmful substances therein or both the ship or tanker and its cargo or the harmful substances therein as may be specified by the Authority, to prevent the discharge or further discharge of any such substance from the ship or tanker. |
(2)
| (a) |
If, in the opinion of the Authority, the master and the owner of the ship or tanker in question are or would be incapable of complying with a requirement made or contemplated in terms of subsection (1) or could not reasonably be expected to comply with such requirement, or the powers conferred upon the Authority by subsection (1) are inadequate for the purpose contemplated in that subsection, the Authority may cause any such steps to be taken as it has power to require to be taken in terms of the said subsection. |
[Section (2)(a) substituted by section 2(2) (item 56(b) Sch) of Act No. 5 of 1998]
| (b) |
Any reference in paragraph (a) to the power of the Authority to require steps to be taken under subsection (1), includes a reference to the power of the Authority under that subsection to require that a specified step be not taken. |
| (c) |
If any person performs salvage operations in connection with a ship or tanker, any requirement of the Authority under subsection (1) in connection with such ship or tanker or its cargo or the harmful substances therein shall also be made known to such salvor, and any such requirement that a specified step be not taken shall thereafter, unless the Authority otherwise directs, also be binding upon such salvor and any such requirement that a specified act be performed shall, unless the Authority otherwise directs, also be construed as a requirement under that subsection and binding upon such salvor that no steps be taken by such salvor which would obstruct or be likely to obstruct the performance of the specified act. |
| (3) |
If the owner of a ship or a tanker, in complying with a requirement of the Authority in terms of subsection (1), incurs any expenses and— |
| (a) |
the discharge or likelihood of a discharge of the harmful substance in question was due wholly to the fault of the State; or |
| (b) |
the discharge or likelihood of a discharge of the harmful substance in question was due partly to the fault of the State, |
the amount of such expenses, in the event contemplated in paragraph (a), or the applicable proportion of the amount of such expenses determined in accordance with the provisions of the Apportionment of Damages Act 1956 (Act No. 34 of 1956), in the event contemplated in paragraph (b), shall become payable to the owner by the State.
| (4) |
The provisions of subsections (1)(a), (d), (g) and (h), (2)(a) and (b) and (3) shall mutatis mutandis apply in respect of harmful substances discharged or, in the opinion of the Authority, likely to be discharged from an offshore installation. |
[Section 4 substituted by section 30 of Act No. 23 of 1997]
Supreme Court Act, 1959
