Oil in Navigable Waters Act, 1926

Liquid in spaces previously containing oil.

7.—(1) Where oil has been contained in any tank or other space in a vessel and any other liquid subsequently enters or is brought into such tank or space and is discharged or allowed to escape therefrom, such liquid shall be deemed to be oil within the meaning of this Act unless it is proved either—

(a) that such tank or space was cleaned of oil before such liquid entered or was brought into the same, or

(b) that such liquid before being so discharged or allowed to escape was freed from oil by a separating apparatus.

(2) In any proceedings against any person (other than the master of a vessel) in respect of the discharge or escape of any such liquid as aforesaid from any tank or other space in a vessel a certificate signed by the master of such vessel and certifying either—

(a) that such tank or other space had been cleaned of oil before such liquid entered or was brought into the same, or

(b) that such liquid before being so discharged or allowed to escape had been freed from oil by a separating apparatus,

shall until the contrary is proved be evidence of any such matter stated therein.

(3) If and whenever the master of any vessel gives any such certificate as aforesaid which is to his knowledge false or misleading in any material particular such master shall whether such certificate is or is not produced in any such proceeding as aforesaid be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding fifty pounds.

(4) In this section the expression “master of a vessel” means the person named as the master in the agreement with the crew.