Dumping at Sea Act

Link to law: http://laws.gov.ag/acts/chapters/cap-141.pdf
Published: 1975

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Dumping at Sea (CAP. 141 1

CHAPTER 141

THE DUMPING AT SEA ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Restrictions on dumping in the sea.
4. Licences.
5. Right to make representations.
6. Publicity.
7. Enforcement of Act.
8. Enforcement of Conventions.
9. Miscellaneous provisions as to enforcement officers.

10. Evidence.
11. Offences-general provisions.
12. Financial provisions.
13. Savings.

LAWS OF ANTIGUA AND BARBUDA

Dumping at Sea (CAP. 141 3

DUMPING AT SEA

(3rd December, 1975 .)

1. This Act may be cited as the Dumping at Sea Act. Short

2. (1) In this Act, unless the context otherwise Infer~retafion.
requires-

"Antiguan aircraft7' means an aircraft registered in
Antigua and Barbuda;

"Antiguan enforcement officer" has the meaning
assigned to it by section 7;

"Antiguan hovercraft" means a hovercraft registered
in Antigua and Barbuda;

"Antiguan marine structure" means a marine struc-
ture owned by or leased to an individual resident
in or a body corporate incorporated under the law
of Antigua and Barbuda;

"Antiguan ship" means a vessel registered in Antigua
and Barbuda, or a vessel exempted from such
registration;

"Antiguan waters" means any part of the sea within
the seaward limits of the territorial sea of Antigua
and Barbuda;

L < captain" in relation to a hovercraft, means the per-
son who is designated by the operator to be in
charge of it during any journey, or, failing such
designation, the person who is for the time being
lawfully in charge of it;

"commander7' in relation to an aircraft, means the
member of the flight crew designated as commander
of that aircraft by the operator thereof, or, failing
such a person, the person who is for the time being
the pilot in command of the aircraft;

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 141) Dumping at Sea

"Convention" includes an agreement or other
arrangement;

"Convention State" in relation to the London Con-
vention, the Oslo Convention or a designated
Convention, means a State declared to be a party
to that Convention by an order for the time being
in force under subsection (2);

"designated Convention" means a Convention declared
to be a designated Convention by an order for the
time being in force under subsection (2);

"dumping" has the meaning assigned to it by section 3;

"foreign enforcement officer" has the meaning assigned
to it by section 8(2);

6 ' . International organisations" means any organisation
established in pursuance of Article XIV of the
London Convention or Article 16 of the Oslo Con-
vention and any similar organisation established
in pursuance of a designated Convention;

"load" means load for dumping;

"marine structure" means a platform or other man-
made structure at sea;

' L master" in relation to any ship, includes the person
for the time being in charge of the ship;

"sea" includes any area submerged at mean high water
springs, and also includes, so far as the tide flows
at mean high water springs, an estuary or an arm
of the sea and the waters of any channel, creek,
bay or river; and

"the London Convention" means the Convention for
the Prevention of Marine Pollution by Dumping
from Ships and Aircraft concluded at Oslo in
February 1972;

LAWS OF ANTIGUA AND BARBUDA

Dumping at Sea (CAP. 141 5

"the Oslo Convention" means the Convention for the
Prevention of Marine Pollution by Dumping from
Ships and Aircraft concluded at Oslo in February
1972.

(2) The Minister may by Order declare-

(a) that any Convention relating to dumping in the
sea to which the Government is a party is a designated
Convention for the purposes of this Act; and

(6 ) that any State specified in the Order is a party
to the London Convention the Oslo Convention or a
designated Convention.

3. ( 1 ) Subject to the provisions of this section, no :;$;; ;te
person, except in pursuance of a licence granted under sea.
section 4 and in accordance with the terms of that licence
shall-

(a) dump substances or articles in Antiguan waters;

(b ) dump substances or articles in the sea outside
Antiguan waters from an Antigua ship, aircraft, hover-
craft or marine structure, or

(c) load substances or articles on to a ship, aircraft,
hovercraft or marine structure in Antigua and Barbuda
or in Antiguan waters for dumping in the sea, whether
in Antiguan waters or not; or

(d) cause or permit substances or articles to be
dumped or loaded as mentioned in paragraphs (a) to (c).

( 2 ) Subject to subsections (3) and ( 5 ) , substances and
articles are dumped in the sea for the purposes of this Act
if they are permanently deposited in the sea from a vehicle,
ship, aircraft, hovercraft, or marine structure or from a struc-
ture on land constructed or adapted wholly or mainly for
the purpose of depositing solids in the sea.

(3) A discharge incidental to or derived from the normal
operation of a ship, aircraft, vehicle, hovercraft or marine
structure or of its equipment does not constitute dumping
for the purposes of this Act unless the ship, aircraft, vehicle,
hovercraft or marine structure in question is constructed or
adapted wholly or mainly for the purpose of the disposal of

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 141) Dumping at Sea

waste or spoil and the discharge takes place as part of its
operation for that purpose.

(4) A deposit made by, or with the written consent of
the Port Authority established under section 3 of the Port

Cap. 333. Authority Act or the Minister, for the purpose of providing
moorings or securing aids to navigation, does not constitute
dumping for the purposes of this Act.

(5) A deposit made in the execution of works of
maintenance in a harbour does not constitute dumping for
the purposes of this Act if it is made on the site of the works.

(6) Subject to subsections (7) to (9), any person who
contravenes subsection (1) shall be guilty of an offence and
liable-

(a) on summary conviction to a fine of six thousand
dollars and to imprisonment for twelve months; or

(b) on conviction on indictment, to a fine of
seventy-five thousand dollars and to imprisonment for
five years.

(7) It shall be a defence for a person charged with an
offence under subsection (6) to prove-

(a) that the substances or articles in question were
dumped for the purpose of securing the safety of a ship,
aircraft, hovercraft or marine structure or of saving life;
and

(b) that he took steps within a reasonable time to
inform the Minister that the dumping had taken place
and of the locality and circumstances in which it took
place and the nature and quantity of the substances or
articles dumped,

unless the court is satisfied that the dumping was not
necessary for any of the purposes mentioned above and was
not a reasonable step to take in the circumstances.

(8) It shall be a defence for a person charged with an
offence under subsection (6) to prove-

LAWS OF ANTIGUA AND BARBUDA

Dumping at Sea (CAP. 141 7

( a ) that he acted under instructions given to him
by his employer; or

( 6 ) that he acted in reliance on information given
to him by others without any reason to suppose that
the information was false or misleading,

and in either case that he took all such steps as were
reasonably open to him to ensure that no offence would be
committed.

(9) It shall be a defence for a person charged with an
offence under subsection (6') in relation to substances or , ,
articles dumped outside Antiguan waters from an Antiguan
ship, aircraft or hovercraft to prove that they were loaded
on to it in a Convention State and that the dumping was
authorized by a licence issued by the responsible authority
in that State.

4. (1) The Minister is hereby empowered to grant Licences.
licences for the purposes of this Act and in determining
whether to grant a licence the Minister shall have regard
to the need to protect the marine environment and the living
resources which it supports from any adverse consequences
of dumping the substances or articles to which the licence,
if granted, will relate; and the Minister shall include such
conditions in a licence as appear to the Minister to be
necessary or expedient for the protection of that environ-
ment and those resources from any such consequences.

(2) The Minister may revoke a licence if it appears to
him that the holder is in breach of a condition included in it.

(3) The Minister may vary or revoke a licence if it
appears to him that the licence ought to be varied or revoked
because of a change of circumstances relating to the marine
environment or the living resources which it supports,
including a change in scientific knowledge.

(4) The Minister may require an applicant for a licence
to pay such fee on applying for it as may be specified by
order made by the Minister and published in the Gazette.

(5) The Minister may require an applicant to supply
such information and permit such examination and sampl-

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 141) Dumping at Sea

ing of the substances or articles, and to supply such
information about the method of dumping which he desires
to use, as in the opinion of the Minister is necessary to enable
the authority to decide whether a licence should be granted
and the conditions which any licence that is granted ought
to contain.

(6) The Minister may require an applicant for a licence
to pay such amount, in addition to any fee under subsection
(4) as he may determine, towards the expense of any tests
which in his opinion are necessary to enable him to decide
whether a licence should be granted and the conditions which
any licence that is granted ought to contain, and, in
particular, expense incurred in connection with any monitor-
ing to determine the effect that dumping may have or has
had on the marine environment and the living resources
which it supports.

(7) A licence which the Minister may grant under this
Act-

(a) shall specify the person to whom it is granted;

( b ) shall state whether it is to remain in force until
revoked or is to expire at a time specified in the licence;

( c ) shall specify the quantity and description of
substances or articles to which it relates; and

(6) may make different provisions as to different
descriptions of substances or articles.

(8) The Minister may transfer a licence from the holder
to any other person on the application of that person or of
the holder, but shall.have power to include additional con-
ditions in a licence on transferring it.

(9) Any person who for the purpose of procuring the
grant or transfer of a licence, or in purporting to carry out
any duty imposed on him as a condition of a licence, know-
ingly or recklessly makes a false statement or knowingly or
recklessly produces, furnishes, signs or otherwise makes use
of a document containing a false statement shall be guilty
of an offence and liable on summary conviction to a fine
of six thousand dollars.

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Dumping at Sea (CAP. 141 9

5 . (1) Where the Minister proposes-
(a) to refuse a licence;

Right to make
representations.

( b ) to include a condition in a licence, whether on
granting or transferring it;

(c) to require a payment under section 4 (6); or

(d) to vary or revoke a licence,
it shall be the Minister's duty, when notifying the applicant
for or holder of the licence of the proposal, also to notify him

(i) of the reason for it; and

(ii) of his right under this section to make written
representations relating to it.

(2) A notification of a proposal to vary or revoke a
licence shall also include a notice that any written representa-
tions must be received by the Minister within 28 days of
the receipt of the notification.

(3) A person who receives a notification of a proposal
such as is mentioned in subsection (1) above may make
written representations about it to the Minister.

(4) Where written representations relating to a proposal
have been made under this section, the Minister may make
a final decision relating to the proposal only after receiving
and considering the written representations.

(5) The Minister shall notify the person who made the
representations of the decision and the reasons for it.

6. (1) The Minister shall compile and keep available Publicity.
for public inspection free of charge at reasonable hours the
notifiable particulars of any dumping licensed by him under
this Act, and shall furnish a copy of any such notifiable parti-
culars to any person on payment of such reasonable sum
as he may determine.

(2) In subsection (1) above "notifiable particulars"
means particulars which the Government is required to notify
to the international organisations in respect of Antigua and
Barbuda.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 141) Durnpinz at Sea

Enforcement of
Act.

7. (1) The Minister may appoint enforcement officers
for the purposes of this Act.

(2) An enforcement officer appointed under subsection
(1) is referred to in this Act as an "Antiguan enforcement
officer7 ' .

(3) An Antiguan enforcement officer, may for the
purpose of enforcing this Act, exercise, in relation to places
and things liable to inspection under this Act, the powers
conferred by subsections (6) and (9).

(4) Subject to subsection (6) below, the places and things
liable to inspection under this Act are-

(a) land (including land submerged at mean high
water springs and buildings on land), vehicles, aircraft
and hovercraft in Antigua and Barbuda;

(6) ships in ports in Antigua and Barbuda; and

(c) Antiguan ships, aircraft, hovercraft and marine
structures, wherever they may be,

in which an Antiguan enforcement officer has reasonable
cause to believe that any substances or articles intended to
be dumped in the sea are or have been present.

(5) The places liable to inspection under this Act do
not include any private dwelling not used by or by permis-
sion of the occupier for the purpose of a trade or business.

(6) An Antiguan enforcement officer may at any
reasonable time enter any place liable to inspection under
this Act, and board any vehicle, ship, aircraft, hovercraft
or marine structure which is so liable, with or without persons
and equipment to assist him in his duties.

(7) An Antiguan enforcement officer-

(a) may open any container and examine and take
samples of any substances or articles;

(b) may examine equipment and require any
person in charge of it to do anything which appears to
the officer to be necessary for facilitating examination;

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Dumping at Sea (CAP. 141 11

(c) may require any person to produce any licences,
records or other documents which relate to the dump-
ing of substances or articles in the sea and which are
in his custody or possession;

(d) may require any person on board a ship, air-
craft, hovercraft or marine structure to produce any
records or other documents which relate to it and which
are in his custody or possession; and

(e) may take copies of any document produced
under paragraph (c) or (d) above.

(8) For the purpose of boarding a vehicle, ship, air-
craft, hovercraft or marine structure, an Antiguan enforce-
ment officer may require the person in charge to do anything
which will facilitate boarding, and the power conferred by
this subsection includes power, in the case of a vehicle, ship
or hovercraft, to require the person in charge to stop it.

(9) An Antiguan enforcement officer may require the
attendance of the master of a ship, the commander of an
aircraft, the captain of a hovercraft or the person in charge
of a marine structure on board that ship, aircraft, hover-
craft or structure, and may make any examination and in-
quiry which appears to him to be necessary.

(10) An Antiguan enforcement officer shall be furnished
with a certificate of his appointment and on entering or board-
ing for the purposes of this Act any place or thing liable
to inspection under this Act shall, if so requested, produce
the said certificate.

8. (1) The Minister may by Order declare- Enforcement of
Conventions.

(a) that any procedure which has been developed
for the effective application of the London Convention,
the Oslo Convention or any designated Convention and
is specified in the Order is an accepted procedure as
between the Government of Antigua and Barbuda and
the Government of any Convention State so specified;
and

(6) that the powers conferred by subsections (6) to
(9) of section 7 may be exercised, for the purpose of

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12 CAP. 141) Dumping at Sea

the enforcement of that procedure outside Antiguan
waters-

(i) in relation to an Antiguan ship, or hovercraft,
by a person of any specified class appointed
to enforce it by the Government of that State,
and

(ii) in relation to a ship or hovercraft of that State,
by an Antiguan enforcement officer.

(2) A person belonging to a class specified in an Order
under this section is referred to in this Act as a "foreign
enforcement Officer", but any reference to a foreign enforce-
ment officer in the following provisions of this Act shall be
construed, in relation to any person of a class so specified,
as applying to him only for the purposes of the procedure
specified in the order as the procedure for whose enforce-
ment his Government appointed him.

Miscellaneous
provisions as to

9. (1) An Antiguan or foreign enforcement officer
enforcement shall not be liable in any civil or criminal proceedings for
offences. anything done in purported exercise of the powers confer-

red on him by this Act if the court is satisfied that the act
was done in good faith and that there were reasonable
grounds for doing it.

(2) Any person who-

(a) without reasonable excuse fails to comply with
any requirement imposed or to answer any question
asked, by an Antiguan or foreign enforcement officer
under this Act;

( b ) without reasonable excuse prevents or attempts
to prevent, any other person from complying with any
such requirement or answering any such question; or

(c) assaults any such officer while exercising any
of the powers conferred on him by or by virtue of this
Act or obstructs any such officer in the exercise of any
of those powers,

shall be guilty of an offence.

(3) A person guilty of an offence under this section shall
be liable on summary conviction, in the case of a first offence

LAWS OF ANTIGUA AND BARBUDA

Dumping at Sea (CAP. 141 13

thereunder, to a fine of three thousand dollars, and in the
case of a second or subsequent offence thereunder to a fine
of six thousand dollars.

10. (1) In any civil or criminal proceedings a written Evidence.
statement purporting to be a report made by an Antiguan
or foreign enforcement officer on matters ascertained in the
course of exercising his powers under this Act shall be
admissible as evidence to the like extent as oral evidence
to the like effect by that officer.

(2) Subsection (1) shall be taken to be in addition to
and not to derogate from the provisions of any other enact-
ment relating to the reception or admissibility of documentary
evidence.

1 . (1) Where an offence under this Act which has Offences-general
provisions.

been committed by a body corporate is proved to have been
committed with the consent or connivance of, or to be
attributable to any neglect on the part of, a director, manager,
secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of that of-
fence and be liable to be proceeded against and punished
accordingly.

(2) Where the affairs of a body corporate are managed
by its members, subsection (1) above shall apply in relation
to the acts and defaults of a member in connection with his
functions of management as if he were a director of the body
corporate.

(3) Proceedings for any offence under this Act may be
taken, and the offence may for all incidental purposes be
treated as having been committed, in any place in Antigua
and Barbuda.

12. (1) There shall be paid out of the Consolidated Ez;$,":s.
Fund all sums required for the purpose of making payments
on behalf of the Government to the international
organisations.

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14 CAP. 141) Dumpinx at Sea

(2) There shall also be paid out of the Consolidated
Fund such salaries or other remuneration for Antiguan
enforcement officers as the Minister may, by Order,
determine.

(3) Any monies received under this Act shall be paid
into the Consolidated Fund.

Savings. 13. (1) The restrictions imposed by this Act are in
addition to any restriction imposed by or under any other
enactment, and neither affect nor are affected by any such
restriction.

(2) Nothing in this Act-

(a) confers a right of action in any civil proceedings
(other than proceedings for the recovery of a fine) in
respect of any contravention of this Act; or

(6) derogates from any right of action or other
remedy (whether civil or criminal) in proceedings
instituted otherwise than under this Act.