Oil Pollution of the Sea (Amendment) Act, 1977

Power to give directions to prevent, mitigate, etc., oil pollution.

2.—(1) Subject to subsection (6) of this section, for the purpose of preventing, mitigating or eliminating the effects of oil pollution arising from a maritime casualty, the Minister, or such persons as may be authorised in that behalf by him, may give directions concerning a ship or its cargo to the owner or master of the ship, or to any person who is in possession of the ship, or to the servant or agent of any salvor in possession of the ship and who is in charge of the salvage operation.

(2) Any direction given to any person pursuant to subsection (1) of this section may require the person to whom it is given to take, or to refrain from taking, any action of any kind whatsoever in relation to the ship in respect of which the direction is given, or its cargo.

(3) Subject to subsection (6) of this section, if, in the opinion of the Minister, the powers conferred on him by subsection (1) of this section are, or have proved to be, inadequate for the purpose, the Minister, or such persons as may be authorised in that behalf by him, may take any action of any kind whatsoever in relation to the ship concerned or to its cargo for the purpose of preventing, mitigating or eliminating the effects of oil pollution arising from such maritime casualty.

(4) Without prejudice to the generality of any power conferred on the Minister, or on any person authorised by the Minister to act on his behalf, by this section, any directions given, or action taken, by or on behalf of the Minister may include—

(a) the removal of a ship beyond the limits of a harbour, or the restraint or control of its movements,

(b) the unloading or discharge of oil or other cargo,

(c) the taking, or restriction on taking, of specified salvage measures, or

(d) the sinking, destruction or taking over of control of a ship concerned.

(5) Without prejudice to the provisions of any other enactment relating to the service of notices, the Minister, or any person authorised in that behalf by the Minister, may give directions—

(a) to the owner or person in possession of a ship, by serving the direction on the master of the ship,

(b) to the salvor, by serving the direction on the person in charge of the salvage operations.

(6) The powers conferred on the Minister by this section may be exercised—

(a) if, but only if, the Minister has reasonable cause to believe, following a maritime casualty, that there is grave and imminent danger of major harmful consequences through pollution by oil to the coastline of the State or related interests including—

(i) maritime, coastal, port or estuarine activities, constituting an essential means of livelihood for persons concerned,

(ii) the tourist amenities of the area concerned,

(iii) the conservation of marine fauna and marine flora and the habitats of such fauna and flora,

(iv) the health of the coastal population and the well-being of the area concerned including conservation of living marine resources, and

(b) in respect of any ships registered in the State or any ships that are within the territorial seas, or the inland waters navigable by sea-going vessels, of the State.

(7) Any person who wilfully contravenes or fails to comply with a direction under this section, or who wilfully obstructs any person who is acting in compliance with a direction under this section, shall be guilty of an offence.

(8) Every person who complies with a direction under this section shall take all possible means to avoid any risk to human life and, in a prosecution of a person for failure to comply with a direction under this section, it shall be a defence for the person to establish that he had reasonable cause for believing that compliance with the direction would have involved a serious risk to human life.