Oil Pollution Act 1986

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AT 12 of 1986

OIL POLLUTION ACT 1986

Oil Pollution Act 1986 Index


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OIL POLLUTION ACT 1986

Index Section Page

PART I – GENERAL PROVISIONS FOR PREVENTING OIL

POLLUTION 5

1 Discharge of oil into Manx waters................................................................................ 5
2 Defences of persons charged with offences under s 1 ............................................... 6
3 Protection of acts done in exercise of certain powers ................................................ 7
4 Restrictions on transfer of oil at night .......................................................................... 7
5 Duty to report discharge of oil into waters of harbours............................................ 8
PART II – SHIPPING CASUALTIES 9

6 Shipping casualties ......................................................................................................... 9
7 Right to recover in respect of unreasonable loss or damage .................................. 11
8 Offences in relation to s 6............................................................................................. 11
9 Service of directions under s 6 .................................................................................... 12
9A Application of sections 6 to 9 to certain foreign and other ships ........................... 12
PART III – ENFORCEMENT 13

10 Oil records ...................................................................................................................... 13
11 Powers of inspection .................................................................................................... 15
12 Prosecutions ................................................................................................................... 16
13 Enforcement and application of fines ........................................................................ 17
PART IV – CONVENTIONS RELATING T0 POLLUTION 17

14 Conventions relating to pollution from ships etc .................................................... 17
PART V – MISCELLANEOUS AND SUPPLEMENTARY 19

15 Power to apply certain provisions to ships registered outside Island .................. 19
16 Power to grant exemptions ......................................................................................... 20
17 General provisions as to regulations .......................................................................... 20
18 Financial provisions ..................................................................................................... 20
19 Interpretation ................................................................................................................. 21
20 Application to hovercraft............................................................................................. 21
Index Oil Pollution Act 1986


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21 Application of the Act to certain structures etc ....................................................... 22
22 Saving for other restrictions, rights of action etc ..................................................... 22
23 Application of United Kingdom legislation ............................................................. 22
24 [Repealed] ...................................................................................................................... 22
25 Short title and commencement ................................................................................... 22
SCHEDULE 25

ENDNOTES 27

TABLE OF LEGISLATION HISTORY 27
TABLE OF RENUMBERED PROVISIONS 27
TABLE OF ENDNOTE REFERENCES 27

Oil Pollution Act 1986 Section 1


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c i e
OIL POLLUTION ACT 1986

Received Royal Assent: 14 March 1986
Passed: 18 March 1986
Commenced: 1 May 1986
AN ACT
to replace the Oil in Manx Navigable Waters Act 1971; to make new
provision for the prevention, etc. of oil pollution; for the implementation of
international conventions relating to oil pollution; and for connected purposes.
GENERAL NOTE:
The maximum fines in this Act (up to £5,000) are as increased by
the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
PART I – GENERAL PROVISIONS FOR PREVENTING OIL

POLLUTION

1 Discharge of oil into Manx waters

[P1971/60/2]
(1) If any oil or mixture containing oil is discharged as mentioned in the
following paragraphs into waters to which this section applies, then,
subject to the provisions of this Act, the following shall be guilty of
an offence —
(a) if the discharge is from a vessel, the owner, charterer or master of
the vessel, unless he proves that the discharge took place and was
caused as mentioned in paragraph (b);
(b) if the discharge is from a vessel but takes place in the course of a
transfer of oil to or from another vessel or a place on land and is
caused by the act or omission of any person in charge of any
apparatus in that other vessel or that place, the owner, charterer
or master of that other vessel or, as the case may be, the occupier
of that place;
(c) if the discharge is from a place on land, the occupier of that place,
unless he proves that the discharge was caused as mentioned in
paragraph (d);
Section 2 Oil Pollution Act 1986


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(d) if the discharge is from a place on land and is caused by the act of
a person who is in that place without the permission (express or
implied) of the occupier, that person;
(e) if the discharge takes place otherwise than as mentioned in the
preceding paragraphs and is the result of any operations for the
exploration of the sea-bed and sub-soil or the exploitation of their
natural resources, the person carrying on the operations.
(2) This section applies to the whole of the sea and any other navigable
waters within the seaward limits of the territorial waters of the Island.
(3) In this Act ‘place on land
’ includes a pipeline and anything resting on
the bed or shore of the sea and also includes anything afloat (other than a
vessel) if it is anchored or attached to the bed or shore of the sea; and
‘occupies’, in relation to any such thing, if it has no occupier, means the
owner thereof, and, in relation to a railway wagon or road vehicle, means
the person in charge of the wagon or vehicle and not the occupier of the
land on which the wagon or vehicle stands.
(4) A person guilty of an offence under this section shall be liable on
summary conviction to a fine not exceeding £50,000 or on conviction on
information to a fine.
2 Defences of persons charged with offences under s 1

(1) Where a person is charged, in respect of the escape of any oil or mixture
containing oil, with an offence under section 1 —
(a) as the occupier of a place on land; or
(b) as a person carrying on operations for the exploration of the sea-
bed and subsoil or the exploitation of their natural resources; or
(c) as the owner of a pipe-line,
it shall be a defence to prove that neither the escape nor any delay in
discovering it was due to any want of reasonable care and that as soon as
practicable after it was discovered all reasonable steps were taken for
stopping or reducing it.
(2) Where a person is charged with an offence under section 1 in respect of
the discharge of a mixture containing oil from a place on land, it shall
also, subject to subsection (3), be a defence to prove —
(a) that the oil was contained in an effluent produced by operations
for the refining of oil;
(b) that it was not reasonably practicable to dispose of the effluent
otherwise than by discharging it into waters to which that section
applies; and
(c) that all reasonably practicable steps had been taken for
eliminating oil from the effluent.
Oil Pollution Act 1986 Section 3


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(3) If it is proved that, at a time to which the charge relates, the surface of the
waters into which the mixture was discharged from the place on land, or
land adjacent to those waters, was fouled by oil, subsection (2) shall not
apply unless the court is satisfied that the fouling was not caused, or
contributed to, by oil contained in any effluent discharged at or before
that time from that place.
(4) Where a person is charged with an offence under section 1 as the owner,
charterer or master of a vessel, it shall be a defence to prove that the oil
or mixture was discharged for the purpose of securing the safety of any
vessel, or of preventing damage to any vessel or cargo, or of saving life,
unless the court is satisfied that the discharge of the oil or mixture was
not necessary for that purpose or was not a reasonable step to take in the
circumstances.
(5) Where a person is charged with an offence under section 1 it shall also be
a defence to prove —
(a) that the oil or mixture escaped in consequence of damage to the
vessel, and that as soon as practicable after the damage occurred
all reasonable steps were taken for preventing, or (if it could not
be prevented) for stopping or reducing, the escape of the oil or
mixture; or
(b) that the oil or mixture escaped by reason of leakage, that neither
the leakage nor any delay in discovering it was due to any want of
reasonable care, and that as soon as practicable after the escape
was discovered all reasonable steps were taken for stopping or
reducing it.
3 Protection of acts done in exercise of certain powers

[P1971/60/7]
Where any oil, or mixture containing oil, is discharged in consequence of the
exercise by the Department of any power conferred by section 23 of the Harbours
Act 2010 (which relates to the removal of obstructions), and apart from this
section the Department or a person employed by or acting on behalf of the
Department, would be guilty of an offence under section 1 in respect of that
discharge, the Department or person shall not be convicted of that offence
unless it is shown that it or he failed to take such steps (if any) as were
reasonable in the circumstances for preventing, stopping or reducing the
discharge.1

4 Restrictions on transfer of oil at night

[P1971/60/10]
(1) No oil shall be transferred between sunset and sunrise to or from a vessel
in any harbour in the Island unless the requisite notice has been given in
accordance with this section or the transfer is for the purposes of the fire
brigade.
Section 5 Oil Pollution Act 1986


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(2) A general notice may be given to the harbour master of a harbour that
transfers of oil between sunset and sunrise will be frequently carried out
at a place in the harbour within such period, not ending later than twelve
months after the date on which the notice is given, as is specified in the
notice; and if such a notice is given it shall be the requisite notice for the
purposes of this section as regards transfers of oil at that place within the
period specified in the notice.
(3) Subject to subsection (2), the requisite notice for the purposes of this
section shall be notice given to the harbour master not less than three
hours nor more than ninety-six hours before the transfer of oil begins.
(4) In the case of a harbour which has no harbour master, references in this
section to the harbour master shall be construed as references to the
harbour master of Douglas.
(5) If any oil is transferred to or from a vessel in contravention of this
section, the master of the vessel, and, if the oil is transferred from or to a
place on land, the occupier of that place, shall be liable on summary
conviction to a fine not exceeding £1,000.
5 Duty to report discharge of oil into waters of harbours

[P1971/60/11]
(1) If any oil or a mixture containing oil —
(a) is discharged from a vessel into the waters of a harbour in the
Island; or
(b) is found to be escaping or to have escaped from a vessel into any
such waters; or
(c) is found to be escaping or to have escaped into any such waters
from a place on land;
the owner, charterer or master of the vessel, or the occupier of the place
on land, as the case may be, shall forthwith report the occurrence to the
harbour master, or if the harbour has no harbour master, to the harbour
master of Douglas.
(2) A report made under subsection (1) by the owner, charterer or master of
a vessel shall state whether the occurrence falls within paragraph (a) or
paragraph (b) of that subsection.
(3) If a person fails to make a report as required by this section he shall be
liable on summary conviction to a fine not exceeding £5,000.
Oil Pollution Act 1986 Section 6


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PART II – SHIPPING CASUALTIES

6 Shipping casualties

[P1971/60/12]
(1) The powers conferred by this section shall be exercisable where —
(a) an accident has occurred to or in a ship; and
(b) in the opinion of the Department oil from the ship will or may
cause pollution on a large scale in the Island or in the waters in or
adjacent to the Island up to the seaward limits of territorial
waters; and2

(c) in the opinion of the Department the use of the powers conferred
by this section is urgently needed.3

(2) For the purpose of preventing or reducing oil pollution, or the risk of oil
pollution, the Department may, subject to subsection (9), give directions
as respects the ship or its cargo —
(a) to the owner of the ship, or to the charterer or any person in
possession of the ship; or
(b) to the master of the ship; or
(c) to any salvor in possession of the ship, or to any person who is the
servant or agent of any salvor in possession of the ship, and who
is in charge of the salvage operation.4

(3) Directions under subsection (2) may require the person to whom they are
given to take, or refrain from taking, any action of any kind whatsoever,
and without prejudice to the generality of the preceding provisions of
this subsection the directions may require —
(a) that the ship is to be, or is not to be, moved, or is to be moved to a
specified place, or is to be removed from a specified area or
locality; or
(b) that the ship is not to be moved to a specified place or area, or
over a specified route; or
(c) that any oil or other cargo is to be, or is not to be unloaded or
discharged; or
(d) that specified salvage measures are to be, or are not to be, taken.
(4) If in the opinion of the Department the powers conferred by
subsection (2) are, or have proved to be, inadequate for the purpose, the
Department may, subject to subsection (9), for the purpose of preventing
or reducing oil pollution, or the risk of oil pollution, take, as respects the
ship or its cargo, any action of any kind whatsoever, and without
prejudice to the generality of the preceding provisions of this subsection
the Department may —
Section 6 Oil Pollution Act 1986


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(a) take any such action as it has power to require to be taken by a
direction under this section;
(b) undertake operations for the sinking or destruction of the ship, or
any part of it, of a kind which is not within the means of any
person to whom it can give directions;
(c) undertake operations which involve the taking over of control of
the ship.5

(5) The powers of the Department under subsection (4) shall also be
exercisable by such persons as may be authorised in that behalf by the
Department.6

(6) Every person concerned with compliance with directions given, or with
action taken, under this section shall use his best endeavours to avoid
any risk to human life.
(7) The provisions of this section are without prejudice to any rights or
powers of the Government or Her Majesty’s Government in the United
Kingdom exercisable apart from this section whether under international
law or otherwise.
(8) It is hereby declared that any action taken as respects a ship which is
under arrest or as respects the cargo of such a ship, being action duly
taken in pursuance of a direction given under this section, or being any
action taken under subsection (4) or (5) —
(a) does not constitute contempt of court; and
(b) does not in any circumstances make any person who has arrested
such ship in pursuance of an order of the High Court liable in any
civil proceedings.
(9) The powers conferred by subsections (2) and (4) may be exercised in
relation to —
(a) a ship which is not registered in the Island, only whilst such ship
is within the seaward limits of the territorial waters of the Island,
and
(b) a ship which is registered in the Island, whether inside or outside
such waters.
(10) In this section, unless the context otherwise requires —
‘accident’ includes the loss, stranding, abandonment of or damage to a ship; and
‘specified’, in relation to a direction under this section, means specified by the
direction.
Oil Pollution Act 1986 Section 7


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7 Right to recover in respect of unreasonable loss or damage

[P1971/60/13]
(1) If any action duly taken by a person in pursuance of a direction given to
him under section 6 or any action taken under subsection (4) or (5) of
that section —
(a) was not reasonably necessary to prevent or reduce oil pollution,
or risk of oil pollution; or
(b) was such that the good it did or was likely to do was
disproportionately less than the expense incurred, or damage
suffered, as a result of the action,
a person incurring expense or suffering damage as a result of, or by
himself taking, the action shall be entitled to recover compensation from
the Department.7

(2) In considering whether subsection (1) applies, account shall be
taken of —
(a) the extent and risk of oil pollution if the action had not been
taken;
(b) the likelihood of the action being effective; and
(c) the extent of the damage which has been caused by the action.
(3) Any reference in this section to the taking of any action includes a
reference to a compliance with a direction not to take some
specified action.
(4) The Admiralty Jurisdiction of the Civil Division shall include jurisdiction
to hear and determine any claim arising under this section.8

8 Offences in relation to s 6

[P1971/60/14]
(1) If the person to whom a direction is duly given under section 6
contravenes, or fails to comply with any requirement of the direction, he
shall be guilty of an offence.
(2) If a person wilfully obstructs any person who is —
(a) acting on behalf of the Department in connection with the giving
or service of a direction under section 6;9

(b) acting in compliance with a direction under that section; or
(c) acting under subsection (4) or (5) of that section;
he shall be guilty of an offence.
(3) In proceedings for an offence under subsection (1) it shall be a defence
for the accused to prove that he has used all due diligence to ensure
compliance with the direction, or that he had reasonable cause for
Section 9 Oil Pollution Act 1986


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believing that compliance with the direction would have involved a
serious risk to human life.
(4) A person guilty of an offence under this section shall be liable on
summary conviction to a fine not exceeding £50,000, or on conviction on
information to a fine.
9 Service of directions under s 6

[P1971/60/15]
(1) Without prejudice to section 41 of the Interpretation Act 1976, if the
Department is satisfied that a company or other body is not one to whom
section 318 or section 335 of the Companies Act 1931 (service of notices)
applies so as to authorise the service of a direction on that body under
either of those sections, it may give a direction under section 6 of
this Act —
(a) to that body, as the owner of, or a charterer of, or the person in
possession of, a ship, by serving the direction on the master of the
ship; or
(b) to that body, as a salvor, by serving the direction on the person in
charge of the salvage operations.10

(2) For the purpose of giving or serving a direction under section 6 to or on
any person on a ship, a person acting on behalf of the Department shall
have the right to go on board the ship.11

9A Application of sections 6 to 9 to certain foreign and other ships

(1) The Department of Economic Development may by order provide that
sections 6 to 9, together with any other provisions of this Act, shall apply
to a ship —
(a) which is not registered in the Island; and
(b) which is for the time being outside the territorial waters of the
Island;
in such cases and circumstances as may be specified in the order, and
subject to such exceptions, adaptations and modifications, if any, as may
be so specified.12

(2) An order under subsection (1) may contain such transitional and other
consequential provisions as appear to the Department of Economic
Development to be expedient.13

(3) Except as provided by an order under subsection (1), no direction under
section 6 shall apply to a ship which is not registered in the Island and
which is for the time being outside the territorial waters of the Island,
and no action shall be taken under subsection (4) or (5) of section 6 as
respects any such ship.
Oil Pollution Act 1986 Section 10


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(4) No direction under section 6 shall apply to any vessel of Her Majesty’s
navy or to any Government ship (within the meaning of section 308(4) of
the Merchant Shipping Act 1995 (an Act of Parliament)) and no action shall
be taken under subsection (4) or (5) as respects any such vessel or ship.
(5) The power conferred by subsection (1) shall be exercised in a manner
which is in accordance with international obligations which extend to the
Island.14

PART III – ENFORCEMENT

10 Oil records

[P1971/60/17]
(1) The Department of Economic Development may make regulations
requiring oil record books to be carried in ships registered in the Island
and requiring the master of any such ship to record in the oil record book
carried by it —
(a) the carrying out, on board or in connection with the ship, of such
of the following operations as may be prescribed, that is to say,
operations relating to —
(i) the loading of oil cargo, or
(ii) the transfer of oil cargo during a voyage, or
(iii) the discharge of oil cargo, or
(iv) the ballasting of oil tanks (whether cargo or bunker fuel
tanks) and the discharge of ballast from, and cleaning of,
such tanks, or
(v) the separation of oil from water, or from other substances,
in any mixture containing oil, or
(vi) the disposal of any oil or water, or any other substance,
arising from operations relating to any of the matters
specified in the preceding sub-paragraphs, or
(vii) the disposal of any other oil residues;
(b) any occasion on which oil or a mixture containing oil is
discharged from the ship for the purpose of securing the safety of
any vessel, or of preventing damage to any vessel or cargo, or of
saving life;
(c) any occasion on which oil or a mixture containing oil is found to
be escaping or to have escaped, from the ship in consequence of
damage to the ship or by reason of leakage.15

(2) The Department of Economic Development may make regulations
requiring the keeping of records relating to the transfer of oil to and from
vessels while they are within the seaward limits of the territorial waters
Section 10 Oil Pollution Act 1986


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of the Island; and the requirements of any regulations made under this
subsection shall be in addition to the requirements of any regulations
made under subsection (1).16

(3) Any records required to be kept by regulations made under
subsection (2) shall, unless the vessel is a barge, be kept by the master of
the vessel, and shall, if the vessel is a barge, be kept, in so far as they
relate to the transfer of oil to the barge, by the person supplying the oil
and, in so far as they relate to the transfer of oil from the barge, by the
person to whom the oil is delivered.
(4) Regulations under this section requiring the carrying of oil record books
or the keeping of records may —
(a) prescribe the form of the oil record books or records and the
nature of the entries to be made in them;
(b) require the person providing or keeping the books or records to
retain them for a prescribed period;
(c) require that person, at the end of the prescribed period, to
transmit the books or records to a place or person determined by
or under the regulations;
(d) provide for the custody or disposal of the books or records after
their transmission to such a place or person.
(5) If any ship fails to carry such an oil record book as it is required to carry
under this section the owner, charterer or master shall be liable on
summary conviction to a fine not exceeding £5,000; and if any person
contravenes any requirements imposed on him by or under this section,
he shall be liable on summary conviction to fine not exceeding £5,000;
and if any person makes an entry in any oil record book carried or record
kept under this section which is to his knowledge false or misleading in
any material particular, he shall be liable on summary conviction to a
fine not exceeding £5,000, or imprisonment for a term not exceeding six
months, or both, or on conviction on information to a fine or to
imprisonment for a term not exceeding two years or both.
(6) In any proceedings under this Act —
(a) any oil record book carried or record kept in pursuance of
regulations made under this section shall be admissible as
evidence of the facts stated in it;
(b) any copy of an entry in such an oil record book or record which is
certified by the master of the ship in which the book is carried or
by the person by whom the record is required to be kept to be a
true copy of the entry shall be admissible as evidence of the facts
stated in the entry;
(c) any document purporting to be an oil record book carried or
record kept in pursuance of regulations made under this section,
or purporting to be such a certified copy as is mentioned in
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paragraph (b), shall, unless the contrary is proved, be presumed
to be such a book, record or copy, as the case may be.
11 Powers of inspection

[P1971/60/18]
(1) The Department or, as the case may be, the Department of Economic
Development, may appoint any person as an inspector to report to it —
(a) whether the prohibitions, restrictions and obligations imposed by
virtue of this Act (including prohibitions so imposed by the
creation of offences under any provision of this Act) have been
complied with;
(b) what measures have been taken to prevent the escape of oil and
mixtures containing oil;
(c) whether the oil reception facilities provided in harbours are
adequate;
and any such inspector may be so appointed to report either in a
particular case or in a class of cases specified in his appointment.17

(2) Every surveyor of ships appointed in pursuance of section 2 of the
Merchant Shipping (Registration) Act 1984 shall be taken to be a person
appointed generally under the preceding subsection to report to the
Department of Economic Development in every kind of case falling
within that subsection.18

(3) Sections 3 and 4(1) and (3) of the Merchant Shipping Act 1985 (powers of
inspectors) shall apply to persons appointed or taken to be appointed
under subsection (1) of this section as it applies to the inspectors referred
to in those sections and section 3 of that Act shall, as so applying, have
effect as if —
(a) any reference to a ship included any vessel;
(b) any reference to a statutory provision relating to merchant
shipping were a reference to this Act; and
(c) any power under that section to inspect premises included power
to inspect any apparatus used for transferring oil.
(4) Any power of an inspector, under the said section 3 as so applied, to
require the production of any oil record book required to be carried or
records required to be kept in pursuance of regulations made under
section 10 shall include power to copy any entry therein and require the
master to certify the copy as a true copy of the entry.
(5) Without prejudice to any powers exercisable by virtue of the preceding
provisions of this section, in the case of a vessel which is for the time
being in a harbour in the Island the harbour master, and any other
person appointed by the Department or, as the case may be, the
Section 12 Oil Pollution Act 1986


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Department of Economic Development, under this subsection (either
generally or in relation to a particular vessel), shall have power —
(a) to go on board and inspect the vessel or any part thereof, or any of
the machinery, boats, equipment or articles on board the vessel,
for the purpose of ascertaining the circumstances relating to an
alleged discharge of oil or a mixture containing oil from the vessel
into the waters of the harbour;
(b) to require the production of any oil record book required to be
carried or records required to be kept in pursuance of regulations
made under section 10; and
(c) to copy any entry in any such book or record and require the
master to certify the copy as a true copy of the entry.19

(6) A person exercising any powers conferred by subsection (5) shall not
unnecessarily detain or delay the vessel from proceeding on any voyage.
(7) If any person fails to comply with any requirement duly made in
pursuance of paragraph (b) or paragraph (c) of subsection (5) he shall be
liable on summary conviction to a fine not exceeding £1,000; and if any
person wilfully obstructs a person acting in the exercise of any power
conferred by virtue of this section and the obstruction is not punishable
by virtue of section 4(1) of the Merchant Shipping Act 1985, he shall be
liable on summary conviction to a fine not exceeding £5,000.
12 Prosecutions

[P1971/60/19]
(1) Proceedings for an offence under this Act may be brought only by or
with the consent of the Attorney General.
(2) Where, immediately before the date on which (apart from this
subsection) the time for bringing summary proceedings for an offence
under this Act would expire, the person to be charged is outside the
Island, the time for bringing the proceedings shall be extended until the
end of the period of 3 months beginning with the date on which he next
enters the Island.
(3) Proceedings for any offence under this Act may (without prejudice to
any jurisdiction exercisable apart from this subsection) be taken against a
person at any place at which he is for the time being and any such
proceedings may be taken, and the offence may for all incidental
purposes be treated as having been committed, in any place in the Island.
(4) Where a body corporate is guilty of an offence under this Act and the
offence is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
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
Oil Pollution Act 1986 Section 13


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as the body corporate, shall be guilty of the offence and shall be liable to
be proceeded against and punished accordingly.
(5) In subsection (4), ‘director’ in relation to a body corporate established for
the purpose of carrying on any industry or part of an industry or
undertaking, being a body corporate whose affairs are managed by its
members, means a member of that body corporate.
13 Enforcement and application of fines

[P1971/60/20]
(1) Where a fine imposed by a court in proceedings against the owner or
master of a vessel for an offence under this Act is not paid at the time
ordered by the court, the court shall, in addition to any other powers for
enforcing payment, have power to grant execution in favour of the
Treasury in respect of the amount remaining unpaid and any such
execution may be enforced against the vessel, her tackle, furniture and
apparel.
(2) Where a person is convicted of an offence under section 1 and the court
imposes a fine in respect of the offence, then if it appears to the court that
any person has incurred, or will incur, expenses in removing any
pollution, or making good any damage which is attributable to the
offence, the court may order the whole or part of the fine to be paid to
that person for or towards defraying those expenses.
PART IV – CONVENTIONS RELATING T0 POLLUTION
20

14 Conventions relating to pollution from ships etc

[P1979/39/20]
(1) The Department of Economic Development may, after consulting the
Secretary of State, by order make such provision as it considers
appropriate for the purpose of giving effect to any provision of any
international agreement accepted by Her Majesty’s Government in the
United Kingdom and extending to the Island which relates to —
(a) the protection and preservation of the marine environment from
pollution by matter from ships;
(b) the prevention, reduction or control of pollution of the marine
environment from pollution by matter from ships;
(c) preparedness for, response to, and international co-operation in
respect of, such pollution.
The reference in this subsection to an agreement includes an agreement
which provides for the modification of another agreement.21

(1A) In subsection (1), ‘marine environment’ means the sea or other waters
and the atmosphere above.22

Section 14 Oil Pollution Act 1986


Page 18 AT 12 of 1986 c

(2) The powers conferred by subsection (1) to make provision for the
purpose of giving effect to an agreement include power to provide for
the provision to come into force although the agreement has not come
into force.
(3) Without prejudice to the generality of subsection (1), an order under that
subsection may in particular include provision —
(a) for applying for the purpose mentioned in that subsection any
enactment or instrument relating to the pollution of the sea or
other waters and any of the following —
sections 1 to 3 of the Shipping Casualties (Inquiries,
Investigations and Reports) Act 1979,
sections 446 to 450 of the Merchant Shipping Act 1894 (an
Act of Parliament) (which relate to dangerous goods),
sections 10 to 13 of and Schedule 2 and 3 to the Merchant
Shipping Act 1974 (an Act of Parliament) (which relate to
oil tankers);
(b) with respect to the carrying out of surveys and inspections for the
purpose aforesaid, the issue, duration and recognition of
certificates for that purpose;23

(c) for repealing the provisions of any enactment or instrument so far
as it appears to the Department of Economic Development that
those provisions are not required having regard to any provision
made or proposed to be made by virtue of this section;24

(d) with respect to the application of the order to the Crown and the
extra-territorial operation of any provision made by or under the
order;
(e) for imposing penalties in respect of any contravention of a
provision made by or under the order, not exceeding, in respect of
any one contravention, a fine of £5,000 on summary conviction
and imprisonment for two years and a fine on conviction on
information; and
(f) for detaining any ship in respect of which such a contravention is
suspected to have occurred and, in relation to such a ship, for
applying section 692 of the Merchant Shipping Act 1894 (which
relates to the detention of a ship) with such modifications, if any,
as are prescribed by the order;
and nothing in any of the preceding provisions of this subsection shall be
construed as prejudicing the generality of any other of those provisions
and in particular paragraph (e) shall not prejudice paragraph (a).
(4) An order under subsection (1) may —
(a) provide for the delegation of functions exercisable by virtue of the
order;
Oil Pollution Act 1986 Section 15


c AT 12 of 1986 Page 19

(aa) make provision in terms of any document which the Department
of Economic Development or any person considers relevant from
time to time ;25

(b) include such transitional provisions as appear to the Department
of Economic Development to be expedient for the purposes of the
order;26

(c) authorise the making of regulations and other instruments for any
of the purposes of this section (except the purposes of
paragraphs (a) and (c) of subsection (3)); and
(d) provide that any enactment or instrument applied by the order
shall have effect as so applied subject to such modifications as
may be specified in the order.
(4A) Where an order under subsection (1) authorises the making of
regulations for the purpose of giving effect to a class of agreement
mentioned in subsection (1), the order also authorises the making of
regulations for the purpose of giving effect to an agreement which
provides for the modification of such an agreement.27

(4B) Subsection (4A) applies in relation to orders and international
agreements whenever made.28

(4C) Regulations made under subsection (4)(c) may make provision
corresponding to the provisions authorised for an order by
subsection (4)(a) and (b).29

(5) An order made under subsection (1) may apply to areas of land or sea or
other waters within the seaward limits of the territorial waters of the
Island notwithstanding that the agreement in question does not relate to
those areas.
(6) For the avoidance of doubt, it is declared that this section applies to the
pollution of the sea or other waters by any matter from ships.30

PART V – MISCELLANEOUS AND SUPPLEMENTARY

15 Power to apply certain provisions to ships registered outside Island

[P1971/60/22]
(1) The Department of Economic Development may by order direct that,
subject to such exceptions and modifications as may be specified in the
order, any regulations made under section 10(1) shall apply to ships
registered in countries and territories other than the Island at any time
when they are in a harbour in the Island or are within the seaward limits
of the territorial waters of the Island while on their way to or from a
harbour in the Island.31

Section 16 Oil Pollution Act 1986


Page 20 AT 12 of 1986 c

(2) An order under subsection (1) shall not be made so as to impose different
requirements in respect of ships of different countries or territories; but if
the Department of Economic Development is satisfied, as respects any
country or territory, that ships registered there are required, by the law
of that country or territory, to comply with provisions which are
substantially the same as, or equally effective with, the requirements
imposed by virtue of the order, the Department of Economic
Development may by order direct that those requirements shall not
apply to any ship registered in that country or territory if the ship
complies with such of those provisions as are applicable thereto under
the law of that country or territory.32

(3) No regulation shall by virtue of an order under this section apply to any
ship as being within a harbour in the Island, or on her way to or from
such harbour, if the ship would not have been within the harbour, or, as
the case may be, on her way to or from the harbour, but for stress of
weather or any other circumstances which neither the master nor the
owner nor the charterer (if any) of the ship could have prevented or
forestalled.
16 Power to grant exemptions

[P1971/60/23]
The Department or, as the case may be, the Department of Economic
Development, may, with the concurrence of the Council of Ministers, exempt
from any of the provisions of this Act or of any regulations made thereunder,
either absolutely or subject to such conditions as it thinks fit —
(a) any vessels or classes of vessels;
(b) any discharge of, or of a mixture containing oil.33

17 General provisions as to regulations

[P1971/60/27(2)]
Any regulations or orders made under this Act shall not come into operation
until they have been approved by Tynwald.
18 Financial provisions

[P1971/60/28]
(1) There shall be defrayed out of moneys provided by Tynwald any
expenses of the Department or the Department of Economic
Development under this Act.34

(2) Any fees received by the Department or the Department of Economic
Development under this Act shall be paid into the General Revenue.35

Oil Pollution Act 1986 Section 19


c AT 12 of 1986 Page 21

19 Interpretation

[P1971/60/29]
(1) In this Act —
“barge
” includes a lighter and any similar vessel;
“Board
” [Repealed]36

“the Department
” means the Department of Infrastructure;37

“harbour master
” includes any person specially appointed by the Department
for the purpose of enforcing the provisions of this Act in relation to the
harbour;38

“oil
” means oil of any description and includes spirit produced from oil of any
description, and also includes coal tar;
“oil residues
” means any waste consisting of, or arising from, or a mixture
containing oil;
“place on land
” has the meaning assigned to it by section 1(3);
“sea
” includes any estuary or arm of the sea;
“transfer
”, in relation to oil, means transfer in bulk.
(2) Any reference in any provision of this Act to a mixture containing oil
shall be construed as a reference to any mixture of oil (or, as the case may
be, of oil of a description referred to in that provision) with water or with
any other substance.
(3) Any reference in the provisions of this Act other than section 5 to the
discharge of oil or a mixture containing oil, or to its being discharged,
from a vessel, place or thing, except where the reference is to its being
discharged for a specified purpose, includes a reference to the escape of
the oil or mixture, or (as the case may be) to its escaping, from that
vessel, place or thing.
(4) For the purposes of any provision of this Act relating to the discharge of
oil or a mixture containing oil from a vessel, any floating craft (other than
a vessel) which is attached to a vessel shall be treated as part of the
vessel.
(5) Subject to the preceding subsections, expressions used in this Act and in
the Merchant Shipping Act 1894 (an Act of Parliament) have the same
meanings in this Act as in that Act.
20 Application to hovercraft

The provisions of this Act shall apply in relation to hovercraft and to persons,
things and places connected with hovercraft subject to such exceptions,
modifications and adaptations as may be made by the Department of Economic
Development by order.39

Section 21 Oil Pollution Act 1986


Page 22 AT 12 of 1986 c

21 Application of the Act to certain structures etc

[P1971/39/41]
(1) The Department of Economic Development may by order provide that a
thing designed or adapted for use at sea and described in the order is or
is not to be treated as a ship for the purposes of any provision specified
in the order or this Act or an instrument made under this Act; and such
an order may if it provides that a thing is to be treated as a ship for the
purposes of a provision specified in the order, provide that the
provisions shall have effect in relation to the thing with such
modifications as are so specified.40

(2) Where the Department of Economic Development proposes to make an
order in pursuance of the preceding subsection it shall be its duty, before
it makes the order, to consult such persons about the proposal as appear
to it to represent the persons in the Island who it considers are likely to
be affected by the order.41

22 Saving for other restrictions, rights of action etc

[P1971/60/32]
Subject to section 3 of the Criminal Law Act 1981 (offence under two or more
laws) nothing in this Act shall affect any restriction imposed by or under any
other enactment or shall derogate from any right of action or other remedy
(whether civil or criminal) in proceedings instituted otherwise than under
this Act.
23 Application of United Kingdom legislation

Any regulations or order made under any provision of this Act or under an
order made under section 14 of this Act may, in lieu of or in addition to making
separate provision, apply to the Island (with or without exceptions, adaptations,
or modifications) any regulations, order or other instrument, as the case may be,
made under —
(a) the Prevention of Oil Pollution Act 1971, or sections 20 and 41 of
the Merchant Shipping Act 1979 as those enactments of
Parliament have effect from time to time; or
(b) an order made under section 20 of the Merchant Shipping Act
1979, (an Act of Parliament).
24 [Repealed]
42

25 Short title and commencement

(1) This Act may be cited as the Oil Pollution Act 1986.
Oil Pollution Act 1986 Section 25


c AT 12 of 1986 Page 23

(2) This Act shall come into operation on such day as the Board may by
order appoint and different days may be so appointed for different
provisions and different purposes.43

Oil Pollution Act 1986 Schedule



c AT 12 of 1986 Page 25

SCHEDULE
44

Oil Pollution Act 1986 Endnotes


c AT 12 of 1986 Page 27

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 3 amended by GC190/86 and by Harbours Act 2010 Sch 4. 2
Para (b) amended by GC190/86. 3
Para (c) amended by GC190/86. 4
Subs (2) amended by GC190/86. 5
Subs (4) amended by GC190/86. 6
Subs (5) amended by GC190/86. 7
Subs (1) amended by GC190/86. 8
Subs (4) amended by SD352/09. 9
Para (a) amended by GC190/86. 10
Subs (1) amended by GC190/86 and by Interpretation Act 1976 s 16A. 11
Subs (2) amended by GC190/86. 12
Subs (1) amended by SD155/10 Sch 2. 13
Subs (2) amended by SD155/10 Sch 2. 14
S 9A inserted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 6. 15
Subs (1) amended by GC190/86 and by SD155/10 Sch 2. 16
Subs (2) amended by GC190/86 and by SD155/10 Sch 2. 17
Subs (1) amended by GC190/86 and by SD155/10 Sch 2. 18
Subs (2) amended by GC190/86 and by SD155/10 Sch 2. 19
Subs (5) amended by GC190/86 and by SD155/10 Sch 2. 20
Heading substituted by Merchant Shipping Registration Act 1991 Sch 5. 21
Subs (1) amended by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 7 and
by SD155/10 Sch 2. 22
Subs (1A) inserted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 7.
Endnotes Oil Pollution Act 1986


Page 28 AT 12 of 1986 c

23
Para (b) amended by Merchant Shipping (Miscellaneous Provisions) Act 1996 Sch 2. 24
Para (c) amended by SD155/10 Sch 2. 25
Para (aa) inserted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 7 and
amended by SD155/10 Sch 2. 26
Para (b) amended by SD155/10 Sch 2. 27
Subs (4A) inserted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 7. 28
Subs (4B) inserted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 7. 29
Subs (4C) inserted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 7. 30
Subs (6) added by Merchant Shipping Registration Act 1991 Sch 5. 31
Subs (1) amended by GC190/86 and by SD155/10 Sch 2. 32
Subs (2) amended by GC190/86 and by SD155/10 Sch 2. 33
S 16 amended by GC190/86, by Council of Ministers Act 1990 s 9 and by SD155/10
Sch 2. 34
Subs (1) amended by GC190/86 and by SD155/10 Sch 2. 35
Subs (2) amended by GC190/86 and by SD155/10 Sch 2. 36
Definition of ‘Board’ repealed by GC190/86. 37
Definition of ‘the Department’ inserted by GC190/86 and amended by SD155/10 Sch
5. 38
Definition of ‘harbour master’ amended by GC190/86. 39
S 20 amended by GC190/86 and by SD155/10 Sch 2. 40
Subs (1) amended by GC190/86 and by SD155/10 Sch 2. 41
Subs (2) amended by GC190/86 and by SD155/10 Sch 2. 42
S 24 repealed by Statute Law Revision Act 1992 Sch 2. 43
ADO (whole Act) 1/5/1986 (GC118/86). 44
Sch repealed by Statute Law Revision Act 1992 Sch 2.