Oil in Navigable Waters Act, 1926

Transfer of oil at night.

5.—(1) It shall not be lawful for any person during the hours between sunset and sunrise to transfer any oil to or from any vessel lying in any harbour unless such notice of intention so to do as is prescribed by this section shall previously have been given by such person to the harbour master of such harbour.

(2) If and whenever any oil is transferred to or from any vessel in contravention of the provisions of this section the master of the vessel to or from which such oil is transferred and if such oil is transferred from or to any premises or place on land the occupier of such premises or place shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(3) Where the operation of transferring oil to or from any vessel is frequently and regularly performed at a particular place in a harbour by or by direction of any person, a general notice in writing given by such person to the harbour master that such operation will be performed at that place between sunset and sunrise at frequent intervals during a specified period (not exceeding twelve months from the date of the notice) shall be a sufficient notice for the purposes of this section of every such operation performed at such place during such period.

(4) Save where such general notice as aforesaid is permitted by this section, a notice for the purpose of this section shall relate only to one operation of transferring oil to or from a vessel and shall be given in writing to the harbour master not more than ninety-six hours nor less than three hours before the operation commences and shall state the time and place at which the operation is intended to take place.

(5) Nothing in this section shall apply to any transfer of oil which is made by the direction of the harbour master or of the officer in charge of a fire brigade in the course or for the purpose of extinguishing or preventing the spreading of a fire.