No. 14 of 1995. 1 ANTIGUA
AND
BARBUDA
No. 14 of 1995
AN ACT to make provision agiiinst the tlischarge or escape of oil
into the Maritime Areas ol' Antigua and B~uhada.
ENACTED by the Parli;unent ol' Antipa and Barhutla a h
follows -
1.This Acr may kcitetlas 1heO11 Pollulionof Mariri~iie Area?; ~ h , , ~ , ,, I,,
Act. 1005.
2. In this Act - l l l ~ ~ ~ l - [ ~ l ~ 7 ~ ' 1 1 1 ~ ~ l l
"harhourn means the harh)urs rcl'crrcd to in sccrioii 3 1 :uld
specified in the Third Schcdulc to the Ports Aurhorir y Acr, ( ..tp 3 3 3
197.3;
"Maritime Arc&\" include the territorial waand Lhe li~tenial
waters of Antigua and Barbuda as deti~~cd ill thc Mauit~mc < .\IT
Areas Act, 1982;
"Master" when used in relatioo lo arly vcsscl r i iamh the
pcrsoo having h e comlnand or charge ol'thc \~c+cl l i w dlc
time hcitlg;
ANTIGUA 2 Oil Pollution of Maritime No. 14 of 1995.
AND Areas Act 1995.
BARBUDA
"oil" includes oil of any description, spirit produced from
oil and oil mixed with water;
Cap. 333.
"Port Manager" has the same meaning assigned to it as in
section 2 of the Port Authority Act, 1973 and includes any
person acting for the Port Manger;
"vessel" includes ship, boat, tug, lighter or boat of any kind
whatsoever whether the same is propelled by steam or
otherwise or is towed and any other description of vessel
used in navigation.
Application. 3. This Act applies to the Maritime Areas of Antigua and
Barbuda.
Penalty f o r dis- 4. (1) Where oil is discharged, or allowed to escape into any
Of area to which this Act applies fromany vessel, theowner or master
Mar~tline Areas.
of the vessel from which the oil is discharged or allowed to escape
IS liable on summary conviction to a fine of twenty thousand
dollars or to imprisonment for two years.
(2) It is agood defence to proceedings for an offence under this
section to prove that-
(a) the escape of oil was due to -
(i) an exceptional, inevitable and irresistible natu-
ral phenomenon;
(ii) the vessel being in collision;
(iii) the negligence or wrongful act by another
person not being the servant or agent; and
that reasonable steps were taken by the master to prevent
the escape, or
(b) the discharge of the oil is necessary by reason of the
happening to the vessel of some damage or accident.
Place t o discharge 5. (1) The Port Manager may appoint a place within Antigua
ballast water. and Barbuda at which ballast water may, notwithstanding the
provisions of section 4, be discharged.
No. 14 of 1995. Oil Pollution of Maritime 3 ANTIGUA
Areas Act 1995. AND
BARBUDA
(2) The times and conditions under which ballast water may
be dischargedunder subsection (1)may be determined by the Port
Manager.
6. (1) Where oil is discharged or allowed to escape into any Liability for poilu-
area to which this Act applies the owner or master of the vessel tion.
is liable -
(a) for any damage caused in the area of Antigua and
Barbuda by contamination resulting from the dis-
charge or escape;
(b) for the cost of any measures taken after the discharge
or escape for c1r.n-ling, preventing or reducing the
damage in the area of Antigua and Barbuda,
(c) for any damage caused in the area of Antigua and
Earbrrda by the measures so taken.
(2) Where oil is discharged or escaped from two or more
vessels and -
(a) liability is incurred under this section by theowner or
the master of each of them, but
(b) the damage or cost for which each of the owners or
the masters would be liable cannot be reasonably
separated from that for which the other would be
liable,
each of the owners or the masters is liable jointly with the other
for the whole of the damage or cost for which the owners or
masters together would be liable under this section.
7, (1) Where an offence is Jleged to have bzcn committed ~ e g a l Proceedings.
under this Act by a master of a vessel, thz caster shall not be
permitted to leave Antigua and Barbuda unlil -
(a) proceedings have been taken against him under this
Act, or
(b) he has deposited to the Magisarate a sum which the
Magistrate considers reasonable in the circurnsmces.
ANTIGUA 4 Oil Pollution of Maritime No. 14 of 1995.
AND Areas Act 1995.
BARBUDA
(2) Where the master of any vessel alleged to have committed
an offence under this Act deposits such sum as the Magistratemay
consider reasonable under subsection 1 (b) proceedings for the
offence may, notwithstanding anything in the Magistrate's Code
of Procedure Act, be instituted against him at any time within
three years of his return to Antigua and Barbuda.
(3) No proceedings shall be brought under this Act after three
years of the committing of the offence.
(4) Where the master of a vessel who is alleged to have
committed an offence under this Act is permitted to leave Antigua
and Barbuda under section 7(1) (b) fails to return to Antigua and
Barbuda within three years to be proceeded against, he shall
forfeit any sum so deposited under that section to the Crown.
Recovery of fine 8. Where the owner or the master of the vessel fail to pay -
and cost of damage
and cleaning.
(a) any fine imposed by the Magistrate in proceedings
against the owner or the master of the vessel for an
offence under this Act. at the time and in the manner
ordered by the Magistrate; or
(b) the cost, for any damage caused by contamination,
measures for cleaning, preventing or reducing darn-
age in the area, or the damage caused by the measures
taken in pursuance of section 6(1) (b)
he Magistrate shall, without prejudice toany other powers of the
Magistrate for enforcing payment, have the power to direct the
amount remaining unpaid to be levied by distress and sale of the
vessel, her tackle and furniture.
Authoritytoinsthutr 9. Proceedings for an offence under this Act shall be instituted
proceedings. by the Port Manger, any police off~cer or any person with the fiat
of the Director of Public Prosecutions.
No. 14 of 1995. Oil Pollnaon of Maririmr 5 ANTIGUA
Areas Act 199.5. AND
BARBUDA
I
Passed the House of Representatives Passed the Senate this 27th day of
this 13th day of November, 1995. November, 1995.
B. Harris,
Speaker.
M. Percival,
President.
S. Walker, S. Walker,
Clerk ofthe Ho~4se of Representntives. Clerk of the Senate.
Printed at the Government Printing Office, Antigua and Barbuda,
by Rupert Charity, Government Printer
-By Authority, 1996.
800-1.96 [ Price$2.60 1
