Oil in Territorial Waters (Jersey) Law 1950

Jersey Law 9/1950 OIL IN TERRITORIAL WATERS (JERSEY) LAW, 1950. ____________ A LAW to make provision against the discharge or escape of oil into the territorial waters of the Island, sanctioned by Order of His Majesty in Council of the 24th day of MAY, 1950. ____________ (Registered on the 17th day of June, 1950). ____________ STATES OF JERSEY. ____________ The 23rd day of February, 1950. ____________ T HE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 INTERPRETATION AND APPLICATION (1) In this Law, unless the context otherwise requires – “the Harbour Master” means the Harbour Master appointed in pursuance of Article 1 of the “ Loi (1928) sur l’Administration des Ports”, as amended, 1 and includes any person appointed by the Harbours and Airport Committee for the purpose of enforcing the provisions of this Law; “ harbour ” means any harbour , whether natural or artificial, and includes any port or dock, and any waters in which seagoing vessels can obtain shelter or ship or unship goods or passengers; “master”, in relation to any vessel, means the person having the command or charge of the vessel for the time being; “oil” means oil of any description and includes spirit produced from oil and oil mixed with water; “transfer”, in relation to oil, means transfer in bulk; “vessel” includes any ship or boat or any other description of vessel used in navigation. (2) This Law shall apply to any vessel which is capable of carrying in bulk, whether for cargo or for bunker purposes, more than twenty-five tons of oil, or which, though not so capable, is constructed or fitted to carry in bulk as aforesaid, more than five tons of oil in any one space or container. (3) The waters to which this Law applies are the territorial waters of the Island and the waters of harbours therein. ARTICLE 2 PENALTY FOR DISCHARGE OF OIL INTO TERRITORIAL WATERS (1) If any oil is discharged, or allowed to escape, whether directly or indirectly, into any waters to which this Law applies from any vessel or from any place on land or from any apparatus used for the purpose of transferring oil from or to any vessel to or from any other vessel (whether a vessel to which this Law applies or not) or to or from any place, the owner or master of the vessel from which the oil is discharged or allowed to escape, the occupier of the land, or the person having charge of the apparatus, as the case may be, shall be guilty of an offence and shall, in respect of each such offence, be liable to a fine not exceeding one hundred pounds sterling: Provided that it shall be a good defence to proceedings for an offence under this Article to prove – (a) if the proceedings are against the owner or master of a vessel, that the escape of the oil was due to, or that it was necessary to discharge the oil by reason of, the vessel being in collision or the happening to the vessel of some damage or accident, and also, if the proceedings are in respect of an escape of oil, that all reasonable means were taken by the master to prevent the escape; and (b) if the proceedings are against any other person and are in respect of an escape of oil, that all reasonable means were taken by that person to prevent the escape. (2) It shall be lawful for the Harbour Master to appoint a place at which the ballast water of vessels in which a cargo of petroleum spirit has been carried may be discharged, and, where a place is so appointed, any such ballast water may, notwithstanding anything in this Article, be discharged at that place, but only at such times and subject to such conditions as the Harbour Master may from time to time determine: Provided that the foregoing provision shall not apply to ballast water containing oil other than petroleum spirit. For the purposes of this paragraph, the expression “petroleum spirit” means refined petroleum which is subject to rapid evaporation and which, when tested in the manner prescribed by the Petroleum Consolidation Act, 1928, (18 & 19 Geo. 5, c. 32) or any enactment amending that Act, gives off an inflammable vapour at a temperature of less than seventy-three degrees of Fahrenheit’s thermometer. ARTICLE 3 LIQUID CONTAINED IN SPACES USED FOR CARRIAGE OF OIL TO BE DEEMED OIL FOR PURPOSES OF LAW (1) Where oil has been contained in any tanks or other spaces in a vessel, any liquid discharged or allowed to escape from those tanks or spaces shall, unless it is proved that the tanks or spaces have been cleaned of oil, or that the liquid has been freed from oil by means of a separating apparatus, be deemed to be oil within the meaning of this Law. (2) In the case of proceedings against any person other than the master of a vessel, evidence of the matters aforesaid may be given by means of a certificate signed by the master, and, if the master of a vessel gives any certificate under this Article which is to his knowledge false or in any material particular misleading, he shall be liable in respect of each offence to a fine not exceeding fifty pounds sterling. (3) In this Article, the expression “master of a vessel” means the person named as the master in the agreement with the crew. ARTICLE 4 APPLICATION OF FINES Where any person is convicted of the offence of having, in contravention of the provisions of this Law, discharged or allowed to escape any oil into any waters to which this Law applies, the court before which he is convicted may order that the whole or any part of the fine imposed in respect of the offence shall be paid to such person as the court may direct for the purpose of being applied by him in or towards meeting any expenses incurred or to be incurred in the removal of the oil so discharged or allowed to escape. ARTICLE 5 POWER TO INSPECT PREMISES AND VESSELS (1) The Harbour Master may at all reasonable times enter upon any vessel being in waters to which this Law applies and examine the measures adopted to prevent the escape of oil. (2) Where the Harbour Master has reason to suspect that oil is escaping or has escaped, whether directly or indirectly, into waters to which this Law applies from premises adjacent to or in the neighbourhood of those waters, he may at all reasonable times enter upon and inspect the premises. (3) If any person obstructs or interferes with the Harbour Master in the exercise of his powers under this Article, he shall be liable in respect of each offence to a fine not exceeding ten pounds sterling. ARTICLE 6 LEGAL PROCEEDINGS (1) Where an offence under this Law is alleged to have been committed by the master of a vessel who thereafter departs from the Island before the expiration of the period within which proceedings for the offence might have been instituted against him, such proceedings may be instituted against him at any time within two months next after the date on which he first returns to the Island. (2) Where a fine imposed by any court in proceedings against the owner or master of a vessel for an offence under this Law is not paid at the time and in the manner ordered by the court, the amount remaining unpaid may be levied by distress on the vessel, her tackle, furniture and apparel. ARTICLE 7 SAVING The provisions of this Law shall be in addition to and not in derogation of or substitution for the provisions of any other enactment for the protection of a harbour as defined in this Law or of the waters to which this Law applies. ARTICLE 8 SHORT TITLE AND COMMENCEMENT (1) This Law may be cited as the Oil in Territorial Waters (Jersey) Law, 1950. (2) This Law shall come into operation on the first day of the month next following that in which it is promulgated. To be printed, published and posted. F. DE L. BOIS, Greffier of the States. 1 See now Article 2 of the Harbours (Administration) (Jersey) Law, 1961 (Volume 1961–1962, page 164).