Merchant Shipping (Oil Pollution) Act


Published: 1989-09-01

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Merchant Shipping (Oil Pollution) Act
MERCHANT SHIPPING (OIL POLLUTION) [CH.275 – 1





LRO 1/2010 STATUTE LAW OF THE BAHAMAS


CHAPTER 275


MERCHANT SHIPPING (OIL POLLUTION)

LIST OF AUTHORISED PAGES

1 – 4 LRO 1/2010
5 – 14 Original
15 – 18 LRO 1/2010
19 – 26 LRO 1/2002
27 – 30 LRO 1/2010

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

SECTION

1. Short title.
2. Interpretation.

PART II
PREVENTION OF OIL POLLUTION


3. Interpretation of Part II.
4. Annexes I, II, III and V of MARPOL 73/78 shall have the force of

law in The Bahamas.
5. Discharge of oil into Bahamian waters.
6. Discharge of certain oils from pipe-lines and exploration, etc.,

areas.
7. Defences of persons charged under section 4 or section 5.
8. Defences of other persons charged under section 5 or section 6.
9. Facilities in port for disposal of oil residues.
10. Restrictions on transfer of oil at night.
11. Duty to report discharge of oil into waters of ports.

PART III
SHIPPING CASUALTIES


12. Shipping casualties.
13. Right to recover in respect of unreasonable loss or damage.
14. Offences in relation to section 12.
15. Service of directions under section 12.
16. Application of sections 12 to 15 to certain foreign and other ships.

CH.275 – 2] MERCHANT SHIPPING (OIL POLLUTION)





STATUTE LAW OF THE BAHAMAS LRO 1/2010

PART IV
CIVIL LIABILITY FOR OIL POLLUTION


17. International Convention on Civil Liability for Oil Pollution Damage, 1992, to have the

force of law.
International Convention on the Establishment of an International Fund for Compensation for Oil

Pollution Damage, 1992, to have the force of law.

PART V
ENFORCEMENT


18. Powers of inspection.
19. Proceedings.
20. Enforcement and application of fines.

PART VI
SUPPLEMENTAL


21. Offences by bodies corporate.
22. Testing of equipment.
FIRST SCHEDULE — Provisions having effect in connection with MARPOL 73/78.
SECOND SCHEDULE — Provisions having effect in connection with the 1992 Liability

Convention and the 1992 Oil Fund Convention.

MERCHANT SHIPPING (OIL POLLUTION) [CH.275 – 3





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

CHAPTER 275

MERCHANT SHIPPING (OIL POLLUTION)
An Act to make provision concerning oil pollution of

navigable waters by ships; to provide for the civil liability
for oil pollution by merchant ships; to give effect to certain
International Conventions relating to pollution of the sea;
and for matters connected with and incidental to the
foregoing.

[Assent 29th November, 1976]
[Commencement 1st September, 1989]

PART I
PRELIMINARY

1. This Act may be cited as the Merchant Shipping
(Oil Pollution) Act.

2. (1) In this Act, unless the context otherwise
requires —

“Bahamian ship” means a ship for the time being
registered under the Merchant Shipping Act;

“Bahamian waters” means all areas of the sea subject
to the jurisdiction of The Bahamas, and includes
territorial waters, archipelagic waters and inter-
nal waters navigable by seagoing ships;

“barge” includes a lighter and any similar vessel;
“contravene”, in relation to any provision, includes a

failure to comply with that provision;
“damage” includes loss;
“the Director” means the Director of Maritime

Affairs appointed under The Bahamas Maritime
Authority Act;

“foreign” means —
(a) in relation to a ship, registered under a law

of a country other than The Bahamas; and

17 of 1976
7 of 1989
15 of 1989
17 of 1989
S.I. 86/1990
S.I. 30/1992
S.I. 37/1992
17 of 1995
46 of 2000
11 of 2001
S.I. 83/2001
37 of 2009

Short title.

Interpretation.

Ch. 268.

Ch. 283.

CH.275 – 4] MERCHANT SHIPPING (OIL POLLUTION)





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(b) in relation to a country or a court, a country
other than The Bahamas, or court in such a
country;

“Government” means the Government of The Baha-
mas;

“Government ship” means any warship and any other
ship for the time being used by the Government
of any State for other than commercial purposes;

“the Minister” means the Minister for the time being
responsible for Maritime Affairs;

“mixture” means any mixture of oil (or as the case
may be, of oil of a particular description referred
to in the provision concerned) with water or with
any other substance;

“occupier”, in relation to a place on land means the
person in actual occupation of that place or, if
there be no such person, the owner thereof;

“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, oil or a mixture;

“owner”, in relation to a registered ship, means the
person registered as its owner, except that in
relation to a ship owned by a State and operated
by a person registered as the operator of the
ship, it means the person so registered;

“Part” means a Part of this Act;
“persistent oil” includes crude oil, heavy diesel oil,

fuel oil, lubricating oil and whale oil;
“petroleum-spirit” means such petroleum as when

tested in a manner approved by the Minister
responsible for petroleum, gives off an inflam-
mable vapour at a temperature of less than
seventy-three degrees Fahrenheit;

“place on land” includes anything resting on the bed
or shore of Bahamian waters, and anything
afloat (other than a vessel) if it is anchored or
attached to the bed or shore of Bahamian waters;

15 of 1989, s. 2.

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“port” means any area in The Bahamas constituted
and defined as a port area under the Port
Authorities Act, or constituted as a port or
harbour under any other law;

“port authority”, in relation to a port, means a port
authority appointed for the port under the Port
Authorities Act or having control over the port
under any other law;

“sea” includes any estuary or arm of the sea;
“section” means a section of this Act;
“special drawing rights” means special drawing rights

within the meaning of the Articles of Agreement
of the International Monetary Fund, which was
established by an agreement drawn up at the
United Nations Conference held at Bretton
Woods, New Hampshire, U.S.A., in July, 1944;

“the Shipping Act” means the Merchant Shipping
Act;

“terminal” means any installation or site for the
storage of oil in bulk which is capable of
receiving oil from sea-borne transportation,
including any facility situated offshore and
linked to any such site;

“ton” means a ton of 2,240 pounds;
“transfer”, in relation to oil, means transfer in bulk.
(2) In this Act, except where the context otherwise

requires or another meaning is specified, “gross tonnage”,
“inspector”, “master”, “registrar”, “ship”, “surveyor” and
“vessel” have the meanings assigned to them in the
Shipping Act.

(3) Any reference in this Act, other than in section
11, to the discharge of oil or any mixture, 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) References in this Act to the area of any country
includes, in relation to The Bahamas, Bahamian waters,
and in relation to any other country, the territorial waters of
that country.

Ch. 269.

15 of 1989, s. 2.

Ch. 268.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) In relation to any damage or cost resulting from
the discharge of oil carried in a ship, references in this Act
to the owner of the ship are references to the owner at the
time of the occurrence, or first of the occurrences, resulting
in the discharge.

PART II
PREVENTION OF OIL POLLUTION

3. (1) In this Part “harbour master” includes a dock
master or pier master and any person specially appointed
by a port authority for the purpose of enforcing the
provisions of this Part in relation to the port.

(2) For the purposes of this Part relating to the
discharge of oil or a mixture from a vessel, any floating
craft (other than a vessel) which is attached to a vessel
shall be treated as part of that vessel.

4. (1) The provisions of Protocol I to and Annex I,
Annex II, Annex III and Annex V of the International
Convention for the Prevention of Pollution from Ships
1973 as modified by the Protocol of 1978 relating thereto,
together with amendments thereto in force on 1st January
2000 (in this Part and in the First Schedule referred to as
“MARPOL 73/78”) shall have the force of law.

(2) The First Schedule shall have effect in
connection with MARPOL 73/78, and subsection (1) shall
have effect subject to the provisions of that Schedule.

(3) The Minister may make such regulations as he
considers appropriate to give effect to MARPOL 73/78.

(4) If it appears to the Minister that the Government
of The Bahamas has agreed to any revision of the
International Convention for the Prevention of Pollution
from Ships 1973 as modified by the Protocol of 1978
relating thereto he may —

(a) by Order —
(i) make such modifications to this section;
(ii) make such modifications to the First

Schedule;
(b) make such regulations,

as he considers appropriate in consequence of the revision.

Interpretation of
Part II.

Annexes I, II, III
and V of
MARPOL 73/78
shall have the
force of law in
The Bahamas.

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(5) Nothing in any modification made by virtue of
subsection (4) shall affect any rights or liabilities arising
before the day on which the modification comes into force.

5. (1) If any oil or mixture is discharged as
mentioned in the following paragraphs into Bahamian
waters, then, subject to the provisions of this Part and the
First Schedule, the following shall be guilty of an offence,
that is to say —

(a) if the discharge is from a vessel, the owner or
master of the vessel, unless he proves that the
discharge took place and was caused as
mentioned in paragraph (b) of this subsection;

(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 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) of this subsection;

(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 subsoil or the exploitation of
their natural resources, the person carrying on
the operations.

(2) A person guilty of an offence under this section
shall be liable on conviction on information to a fine not
exceeding one hundred and twenty thousand dollars.

6. (1) If any oil, or any mixture thereof, is discharged
into any part of the sea —

(a) from a pipe-line; or
(b) (otherwise than from a ship) as the result of any

operation for the exploration of the sea-bed and
subsoil or the exploitation of their natural
resources in a designated area,

Discharge of oil
into Bahamian
waters.
46 of 2000, s. 4.

Discharge of
certain oils from
pipe-lines and
exploration, etc.,
areas.

46 of 2000, s. 5.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

then, subject to the following provisions of this Part, the
owner of the pipe-line or, as the case may be, the person
carrying on the operations, shall be guilty of an offence
unless the discharge was from a place in his occupation
and he proves that it was due to the act of a person who
was there without his permission (express or implied).

(2) In this section, “designated area” means any area
of the sea-bed and subsoil thereof in which a person is
authorised by the Government to carry on any operation
relating to the exploration for, or exploitation of, natural
gas or oil.

(3) Any person guilty of an offence under this
section shall be liable on conviction on information to a fine
not exceeding one hundred and twenty thousand dollars.

7. (1) Where a person is charged with an offence
under section 4, or is charged with an offence under section
5 as the owner 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.

(2) Where a person is charged as mentioned in
subsection (1) of this section, 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.

8. (1) Where a person is charged, in respect of the
escape of any oil or mixture with an offence under section
5 or 6 —

(a) as the occupier of a place on land; or

Defences of
persons charged
under s. 4 or s. 5.

Defences of other
persons charged
under s. 5 or s. 6.

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(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 5 in respect of the discharge of a mixture from a
place on land, it shall also, subject to subsection (3) of this
section, be a defence to prove —

(a) that the oil was contained in an effluent
produced by operations for the refining of oil;
and

(b) that it was not reasonably practicable to dispose
of the effluent otherwise than by discharging it
into the water concerned; and

(c) that all reasonably practicable steps had been
taken for eliminating oil from the effluent.

(3) If it is proved that, at a time to which the charge
relates, the surface of the waters into which a mixture was
discharged from a place on land, or land adjacent to those
waters, was fouled by oil, subsection (2) of this section
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.

9. (1) The powers exercisable by a port authority in
respect of any port shall include power to provide facilities
for enabling vessels using the port to discharge or deposit
oil residues (in this section referred to as “oil reception
facilities”).

(2) Any power of a port authority to provide oil
reception facilities shall include power to join with any
other person in providing them, and references in this
section to the provision of oil reception facilities by a port
authority shall be construed accordingly; and any such
power shall also include power to arrange for the provision
of such facilities by any other person.

Facilities in port
for disposal of oil
residues.

CH.275 – 10] MERCHANT SHIPPING (OIL POLLUTION)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) A port authority providing oil reception facilities
or a person providing such facilities by arrangement with a
port authority, may make reasonable charges for the use of
the facilities, and may impose reasonable conditions in
respect of the use thereof.

(4) Subject to the following provisions of this
section, any oil reception facilities provided by, or by
arrangement with, a port authority shall be open to all
vessels using the port on payment of any charges, and
subject to compliance with any conditions, imposed in
accordance with subsection (3) of this section.

(5) Where in the case of any port it appears to the
Minister, after consultation with the port authority and with
any organisation appearing to the Minister to be
representative of owners of Bahamian ships —

(a) if the port has oil reception facilities, that those
facilities are inadequate; or

(b) if the port has no such facilities, that the port has
need of such facilities,

the Minister may direct the port authority to provide, or
arrange for the provision of, such oil reception facilities as
may be specified in the direction.

(6) Notwithstanding the provisions of subsection (4)
of this section, a port authority providing oil reception
facilities, or a person providing such facilities by arrange-
ment with a port authority, shall not be obliged to make
those facilities available for use by tankers or for the
reception of oil residues discharged for the purpose of
enabling a vessel to undergo repairs; and the requirements
of tankers, and the reception of oil residues so discharged,
shall be disregarded by the Minister in exercising his
powers under subsection (5) of this section.

(7) Nothing in this section shall be construed as
requiring a port authority to allow untreated ballast water
(that is to say ballast water which contains oil and has not
been subjected to an effective process for separating the oil
from the water) to be discharged into any oil reception
facilities provided by, or by arrangement with, the
authority and the Minister shall exercise his powers under
subsection (5) of this section accordingly.

(8) Any port authority failing to comply. with any
direction given under subsection (5) of this section within
the period specified in the direction, or within any


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

extended period allowed by the Minister (whether before
or after the end of the period so specified), shall be guilty
of an offence, and liable on summary conviction to a fine
not exceeding twenty-five dollars for each day during
which the default continues, from the day after the end of
the period specified in the direction, or any extended
period allowed by the Minister, as the case may be, until
the last day before that on which the facilities are provided
in accordance with the direction.

(9) Subsections (1), (2), (5) and (8) of this section
shall have effect in relation to arrangements for disposing
of oil residues discharged or deposited by vessels using a
port’s oil reception facilities, and to the making of such
arrangements, as those subsections have effect in relation
to oil reception facilities and the provision of such
facilities.

10. (1) No oil shall be transferred between sunset
and sunrise to or from a vessel in any port unless the
requisite notice has been given in accordance with this
section or the transfer is for the purposes of a fire brigade.

(2) A general notice may be given to the harbour
master of a port that transfers of oil between sunset and
sunrise will be frequently carried out at a place in the port
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) of this section, the
requisite notice for the purposes of this section shall be a
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 port which has no harbour
master, references in this section to the harbour master
shall be construed as references to the port authority.

(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 guilty of an offence and
liable on summary conviction to a fine not exceeding two
hundred and fifty dollars.

Restrictions on
transfer of oil at
night.

CH.275 – 12] MERCHANT SHIPPING (OIL POLLUTION)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

11. (1) If any oil or mixture —
(a) is discharged from a vessel into the waters of a

port; 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 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 port has no
harbour master, to the port authority, and such person or
authority shall report the discharge by the quickest possible
means to the Director and to the Minister of Health or his
representative.

(2) A report made under subsection (1) of this
section by the owner 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 guilty of an offence and liable on
summary conviction to a fine not exceeding five hundred
dollars.

PART III
SHIPPING CASUALTIES

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 Minister oil from the ship

will or may cause pollution on a large scale in
The Bahamas or in Bahamian waters; and

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

(2) For the purpose of preventing or reducing oil
pollution, or the risk of oil pollution, the Minister may give
directions as respects the ship or its cargo —

(a) to the owner of the ship, or to any person in
possession of the ship; or

(b) to the master of the ship; or

Duty to report
discharge of oil into
waters of ports.

Shipping
casualties.

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(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.

(3) Directions under subsection (2) of this section
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 not
to be, taken.

(4) If in the opinion of the Minister the powers conferred
by subsection (2) of this section are, or have proved to be,
inadequate for the purpose, the Minister may, 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 the subsection the Minister may —

(a) take any such action as he 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 he can give directions;

(c) undertake operations which involve the taking
over of control of the ship.

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

(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.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(7) The provisions of this section and of section 16
are without prejudice to any right or powers of the
Government exercisable apart from those sections 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) of this section —

(a) does not constitute contempt of court; and
(b) does not in any circumstances make a person

who arrested the ship or who has it in charge
after arrest liable in any civil proceedings.

(9) 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.

13. (1) If any action duly taken by a person in
pursuance of a direction given to him under section 12, 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 expenses
incurred, or damage suffered as a result of the
action,

a person incurring expenses or suffering damage as a result
of, or by himself taking, the action shall be entitled to
recover compensation from the Government.

(2) In considering whether subsection (1) of this
section 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.

Right to recover
in respect of
unreasonable loss
or damage.

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(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 Supreme Court
shall include jurisdiction to hear and determine any claim
arising under this section.

14. (1) If any person to whom a direction is duly
given under section 12 contravenes 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 Minister in connection
with the giving or service of a direction under
section 12;

(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) of this section, 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 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 conviction on information to a fine not
exceeding one hundred and twenty thousand dollars.

15. (1) If the Minister is satisfied that a company or
other body is not one to which any provision of a law
relating to the service of notices on a company or other body
applies so as to authorise the service of a direction on that
body under such provision, he may give a direction under
section 12 —

(a) to that body, as the owner 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 opera-
tions.

(2) For the purpose of giving or serving a direction
under section 15 to or on any person on a ship, a person

Offences in
relation to s. 12.

Service of
directions under s.
12.

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acting an behalf of the Minister shall have the right to go on
board the ship.

16. (1) The Minister may by Order published in the
Gazette provide that sections 12 to 15, together with any
other provisions of this Act, shall apply to a ship —

(a) which is not a Bahamian ship; and
(b) which is for the time being outside Bahamian

waters,
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.

(2) An order under subsection (1) of this section may
contain such transitional and other consequential provisions
as appear to the Minister to be expedient.

(3) Except as provided by an order under subsection
(1) of this section, no direction under section 12 shall apply
to a ship which is not a Bahamian ship and which is for the
time being outside Bahamian waters, and no action shall be
taken under subsection (4) or (5) of section 12 of this Act as
respects any such ship.

(4) No direction under section 12 of this Act shall
apply to any Government ship, and no action shall be taken
under subsection (4) or (5) of that section as respects any
such vessel or ship.

PART IV
CIVIL LIABILITY FOR OIL POLLUTION
17. (1) The provisions of Articles I to XI of and the

Annex to the International Convention on Civil Liability for
Oil Pollution Damage, 1992 done at London on 27
November 1992 (in this Part and in the Second Schedule
referred to as “1992 Liability Convention”) shall have the
force of law.

(2) The provisions of the Second Schedule shall have
effect in connection with 1992 Liability Convention, and
subsection (1) shall have effect subject to those provisions.

(3) The provisions of the Articles 1 to 36 quater and
the Annex to the International Convention on the
Establishment of an International Fund for Compensation
for Oil Pollution Damage, 1992 done at London on 27
November 1992 (in this Part and in the Second Schedule
referred to as “1992 Oil Fund Convention”) shall have the
force of law.

Application of
sections 12 to 15
to certain foreign
and other ships.

International
Convention on
Civil Liability for
Oil Pollution
Damage, 1992, to
have the force of
law.
46 of 2000, s. 3.
37 of 2009, s. 2.

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(4) The provisions of the Second Schedule shall have
effect in connection with 1992 Oil Fund Convention, and
subsection (3) shall have effect subject to those provisions.

(5) The provisions of Articles 1 to 10, and the Annex
to the International Convention on Civil Liability for Bunker
Oil Pollution Damage, 2001 done at London on 23rd March,
2001 (in this section and in the Third Schedule referred to as
the “Bunker Oil Liability Convention”) shall have the force
of law.

(6) The provisions of the Third Schedule shall have
effect in connection with the Bunker Oil Liability
Convention, and subsection (5) shall have effect subject to
those provisions.

(7) If it appears to the Minister that the Government
of The Bahamas has agreed to any revision of the
International Convention on Civil Liability for Oil Pollution
Damage, 1992, the International Convention on the
Establishment of an International Fund for Compensation
for Oil Pollution Damage, 1992 and the International
Convention on Civil Liability for Bunker Oil Pollution
Damage, 2001, the Minister may —

(a) by Order —
(i) make such modifications to this section;
(ii) make such modifications to the Second and

Third Schedules;
(b) make such regulations as he considers

appropriate in consequence of the revision.
(8) Nothing in any modification made by virtue of

subsection (7) shall affect any rights or liabilities arising
before the day on which the modification comes into force.

PART V
ENFORCEMENT

18. (1) The Minister may appoint any duly qualified
person to report to him —

(a) whether the prohibitions, restrictions and ob-
ligations imposed by virtue of this Act (including
prohibitions so imposed by the creation of
offences under any provision of this Act other
than section 6) have been complied with;

(b) what measures have been taken to prevent the
escape of oil and mixtures;

37 of 2009, s. 2.

37 of 2009, s. 2.

37 of 2009, s. 2.

37 of 2009, s. 2.

Powers of
inspection.

46 of 2000, s. 12.

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(c) whether the oil reception facilities provided in
ports are adequate,

and any such person may be so appointed to report either in
a particular case or in a class of cases specified in his
appointment.

(2) Every inspector shall be taken to be a person
appointed generally under the preceding subsection to report
to the Minister in every kind of case falling within that
subsection.

(3) Section 283 of the Merchant Shipping Act
(powers of inspectors) shall apply to persons appointed or
taken to be appointed under subsection (1) of this section as
it applies to inspectors referred to in that section and shall,
as so applying, have effect as if —

(a) in paragraph (a) of subsection (1) of that section,
the reference to a ship included any vessel, and
the reference to that Act were a reference to this
Act and any regulations made under this Act; and

(b) any power of inspection under that section
included power to inspect any apparatus used for
transferring oil.

(4) Any power of an inspector applied by subsection
(3) of this section to inspect a vessel shall include power to
test any equipment with which the vessel is required to be
fitted.

(5) Any power of an inspector applied by subsection
(3) of this section to require the production of any oil record
book required to be carried or records required to be kept
shall include power to copy any entry therein and require the
master to certify the copy as a true copy of the entry, and in
section 283 of the Merchant Shipping Act, as so applied, the
reference to making a declaration shall be construed as a
reference to the certification of such a copy.

(6) 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 port the harbour
master, and any other person appointed or taken to be
appointed by the Minister under this section (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, equip-
ment or articles on board the vessel, for the


46 of 2000, s. 12.

46 of 2000, s. 12.

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purpose of ascertaining the circumstances
relating to any alleged discharge of oil or a
mixture from the vessel into the waters of the
port.

(b) to require the production of any oil record book
required to be carried or records to be kept; 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.

(7) A person exercising any powers conferred by
subsection (6) of this section shall not unnecessarily detain
or delay the vessel from proceeding on any voyage.

(8) If any person fails to comply with any
requirement duly made in pursuance of paragraph (b) or
paragraph (c) of subsection (6) of this section, he shall be
guilty of an offence, and liable on summary conviction to a
fine not exceeding five thousand dollars, and if any person
wilfully obstructs a person acting in the exercise of any
power conferred by virtue of this section, he shall be guilty
of an offence and liable on summary conviction to a fine
not exceeding five thousand dollars.

19. (1) Where, immediately before the date on
which (apart from this subsection) the time for bringing
proceedings for an offence under this Act would expire, the
person to be charged is outside The Bahamas, the time for
bringing proceedings shall be extended until the end of the
period of two months beginning with the date on which he
next enters The Bahamas.

(2) 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.

(3) Proceedings for an offence under section 6 may
be brought only by or with the consent of the Attorney-
General, 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 Bahamas.

20. (1) Where a fine imposed by a court in proceed-
ings 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 direct the amount


46 of 2000, s. 12.

46 of 2000, s. 12.

Proceedings.

Enforcement and
application of
fines.

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STATUTE LAW OF THE BAHAMAS LRO 1/2002

remaining unpaid to be levied by distress and sale of the
vessel, her tackle, furniture and apparel.

(2) Where a person is convicted of an offence under
section 5 or the First Schedule 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 VI
SUPPLEMENTAL

21. Where an offence under this Act, or any
regulations made thereunder, which has 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 offence and
shall be liable to be proceeded against and punished
accordingly.

22. Any power conferred by this Act or by
regulations made thereunder to test equipment on board a
vessel shall be construed as including a power to require
persons on board the vessel to carry out such work as may
be requisite for the purpose of testing the equipment, and
any provisions of this Act or such regulations as to
submitting equipment for testing shall be construed
accordingly.

FIRST SCHEDULE (Section 4)

PROVISIONS HAVING EFFECT IN CONNECTION
WITH MARPOL 73/78

1. (1) For the purposes of MARPOL 73/78 “Administration”
shall in reference to The Bahamas mean the Minister, the Director
or The Bahamas Maritime Authority.

46 of 2000, s. 13.

Offences by
bodies corporate.

Testing of
equipment.

46 of 2000, s. 16;
11 of 2001, s. 4.

Meaning of
administration.

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(2) For the purposes of this Schedule and MARPOL
73/78 “Contracting Government” shall in reference to The
Bahamas, where the context allows, means the Minister, the
Director or The Bahamas Maritime Authority.

2. Notwithstanding anything to the contrary in Article 3 of
the International Convention for the Prevention of Pollution
from Ships 1973, MARPOL 73/78 shall apply mutatis mutandis
to ships entitled to fly the flag of a country to which that
Convention as modified by the Protocol of 1978 relating thereto
does not apply while such ships are in The Bahamas and
engaged on international voyages.

3. The Minister may by Order certify that any State
specified in the Order is a party to the International Convention
for the Prevention of Pollution from Ships 1973 as modified by
the Protocol of 1978 in respect of a specified country or territory
and the Order shall, subject to the provisions of any subsequent
Order made for those purposes, be conclusive evidence that the
State is a Contracting Government to that Convention as so
modified in respect of that country or territory.

4. The Minister may for classes of ships or individual ships
grant, on such terms (if any) as he may specify, exemptions from
all or any of the provisions of MARPOL 73/78 as he may
specify, and may, subject to giving reasonable notice, alter or
cancel any such exemption.

5. In any case where a ship does not comply with
MARPOL 73/78 it may be detained, provided that the ship shall
not be unreasonably detained or delayed.

6. In the event of an incident referred to in Protocol I in
MARPOL 73/78 the same report as is required by that Protocol
shall also be made to the Administration as is to be made to the
Coastal State.

7. (1) It shall be the duty of the owner and the master of the
ship to comply with and ensure compliance with the provisions
of MARPOL 73/78.

(2) It shall be the duty of any person —
(a) upon whom an obligation is imposed by MARPOL 73/78; or
(b) to whom a direction is given in pursuance of MARPOL

73/78 (whether under subparagraph (1) or otherwise),
to comply or ensure compliance with MARPOL 73/78.

(3) Where any natural or legal person other than a person
specified in subparagraph (1) has control of the matter to which
the subparagraph relates because he has responsibility for the
operation of the ship, then any duty imposed by that subparagraph
shall extend to the person who has control of that matter.

Meaning of
contracting
government.

Application of
MARPOL 73/78
to non-
Convention ships
while in The
Bahamas.

Countries and
territories to
which the
Convention
applies.

Exemptions.

Detentions.

Reporting
pollution and
other incidents.

General
compliance, duty
and offences.

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(4) Where a person specified in subparagraph (1), (2) or
(3) contravenes that subparagraph, that person is guilty of an
offence and is liable —
(a) on summary conviction to a fine of five thousand dollars; or
(b) on conviction on information to a fine of one hundred and

twenty thousand dollars.
8. No person shall —

(a) intentionally alter a certificate issued for the purposes of
MARPOL 73/78;

(b) falsely make a certificate referred to in MARPOL 73/78;
(c) in connection with any survey required by MARPOL

73/78, knowingly or recklessly furnish false information;
(d) with intent to deceive, use, lend, or allow to be used by

another, a certificate referred to in MARPOL 73/78;
(e) fail to surrender a certificate to be surrendered for the

purposes of MARPOL 73/78.
9. Before a ship proceeds to sea from any port in The

Bahamas, the master of that ship shall produce to a customs
officer from whom a clearance for the ship is demanded for an
international voyage —
(a) in respect of a ship to which MARPOL 73/78 applies,

certificates required to be issued to such a ship complying
with the relevant provisions of the MARPOL 73/78, and in
the case of any qualified certificate, the corresponding valid
exemption certificate;

(b) in respect of a Bahamian ship required to possess a local
safety certificate, a valid local safety certificate.

SECOND SCHEDULE (Section 17) *

PROVISIONS HAVING EFFECT IN CONNECTION
WITH THE 1992 LIABILITY CONVENTION AND THE

1992 OIL FUND CONVENTION
1. (1) Where the registry of a Bahamian ship is suspended

and that ship is registered in a foreign country for the duration of
a bareboat charter in accordance with section 25 of the Ch. 268.
Merchant Shipping Act, notwithstanding anything to the
contrary in Article I of the 1992 Liability Convention (or Article
I of the 1992 Oil Fund Convention), the “State of the ship’s
registry” is such foreign country.

(2) In this Schedule “Administration” means the Minister,
the Director or The Bahamas Maritime Authority.


* Date of commencement of the Second Schedule: 1st April, 1998 (Act 11 of 2001, s.

11 of 2001, s. 4.

Fraud, misuse of
certificates, etc.

Customs
clearance.

46 of 2000, s. 17;
S.I. 83/2001.

Interpretation.
Meaning of state
of ship’s registry.

S.I. 83/2001.

Ch. 268.

Meaning of
Administration.

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Compulsory Insurance
2. (1) This paragraph applies to any ship carrying in bulk

cargo of more than 2,000 tons of persistent hydrocarbon mineral
oil.

(2) A ship shall not enter or leave a port in The Bahamas
or arrive at or leave an offshore terminal in the territorial sea of
The Bahamas nor, if the ship is a Bahamian ship, a port in any
other country or a terminal in the territorial sea of any other
country, unless there is in force a certificate complying with the
provisions of subparagraph (3).

(3) (a) The certificate must show that there is in force in
respect of that ship a contract of insurance or other security
satisfying the requirements of Article VII of the 1992 Liability;
Convention and
(b) The certificate must be —

(i) if the ship is a Bahamian ship, a certificate issued by
the Administration;

(ii) if the ship is registered in a country to which the
Liability Convention applies other than The Bahamas,
a certificate issued by or under the authority of the
government of that country;

(iii) if the ship is registered in a country which is not a
country to which the Liability Convention applies, a
certificate issued by the Administration or by or under
the authority of the government of any country to
which the Liability Convention applies other than The
Bahamas.

(4) A certificate required by this paragraph to be in force
in respect of a ship shall be carried in the ship and shall be
produced on demand by the master to any customs officer or the
Administration and if the ship is a Bahamian ship also to any
registrar, inspector, or consular officer.

(5) If any ship enters or leaves or attempts to enter or
leave a port, or arrives at or leaves or attempts to arrive at or
leave a terminal in contravention of subparagraph (2), the master
and owner shall be guilty of an offence and liable on conviction
on information to a fine of $120,000.

(6) If a ship fails to carry or the master of a ship fails to
produce, a certificate as required by subparagraph (4), the master
shall be guilty of an offence and liable on summary conviction
to a fine not exceeding $2,500.

(7) If a ship attempts to leave a port in The Bahamas in
contravention of this paragraph the ship may be detained.

(8) Nothing in preceding provisions of this paragraph
applies in relation to any warship or any ship for the time being used
by the government of any State for other than commercial purposes.

Compulsory
insurance against
liability for
pollution.

S.I. 83/2001.

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STATUTE LAW OF THE BAHAMAS LRO 1/2002

(9) In relation to a ship owned by a State and for the
time being used for commercial purposes it shall be sufficient
compliance with subparagraph (2) if there is in force a certificate
issued by the government of that State and showing that the ship
is owned by that State and that any liability for pollution damage
as defined in Article I of the 1992 Liability Convention will be
met up to the limit prescribed by Article V of the 1992 Liability
Convention.

3. (1) If the Administration is satisfied on application for a
certificate mentioned in paragraph 2 in respect of a Bahamian
ship or a ship registered in any country to which the 1992
Liability Convention does not apply, that there will be in force
in respect of the ship, throughout the period for which the
certificate is to be issued, a contract of insurance or other
security satisfying Article VII of the 1992 Liability Convention,
the Administration may issue such a certificate to the owner.

(2) If the Administration is of the opinion that there is a
doubt whether the person providing insurance or other security
will be able to meet his obligations thereunder, or whether the
insurance or other security will cover the owner’s liability under
the 1992 Liability Convention in all circumstances, the
Administration may refuse the certificate.

4. (1) Where the person to whom a certificate has been issued
under paragraph 2 ceases to be the owner of the ship to which the
certificate relates the certificate shall cease to be valid and he shall
immediately deliver up the certificate to the Administration for
cancellation.

(2) Where, at any time while a certificate issued under
paragraph 3 is in force, it is established in any legal proceedings
that the contract of insurance or other security in respect of
which the certificate was issued is or may be treated as invalid,
the certificate may be cancelled by the Administration and, if so
cancelled, shall on demand immediately be delivered up to the
Administration by the person to whom the certificate was issued.

(3) Where, at any time while a certificate issued under
paragraph 3 is in force, circumstances arise in relation to the
insurer or guarantor named in the certificate (or where more than
one is so named, to any of them) such that, if the certificate were
applied for at that time, the Administration would be entitled to
refuse the application under subparagraph (2) of paragraph 3 the
certificate may be cancelled by the Administration and, if so
cancelled, shall on demand immediately be delivered up to the
Administration by the person to whom the certificate was issued.

Issue of
certificate by the
administration.

Cancellation and
delivery up of
certificates.

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Conversion of Special Drawing Rights
5. (1) For the purpose of converting an amount from special

drawing rights into dollars where no sum in dollars has been fixed
by the International Monetary Fund as being equivalent of one
Special Drawing Right for any relevant date referred to in the
1992 Liability Convention and the 1992 Oil Fund Convention, the
last day before such relevant date for which a sum has been so
fixed shall be used to determine the relevant amount.

(2) (a) A certificate by or on behalf of the Central Bank
stating that a particular sum in dollars had been fixed for a relevant
date, or that no sum had been fixed for such relevant date but a
particular sum had been fixed for a day which was the last day for
which a sum had been fixed prior to such relevant date, shall be
conclusive evidence of those matters for the purposes of this
subparagraph, the 1992 Liability Convention or the 1992 Oil Fund
Contention;

(b) A document purporting to be such a certificate shall,
in any proceedings, be received in evidence and unless the
contrary is proved, be deemed to be such a certificate.

6. The Contributory Negligence Act shall apply in relation
to any damage or cost for which a person is liable under the
1992 Liability Convention, but which is not due to his fault, as if
it were due to his fault: Provided, however, than in the case of
any conflict between the 1992 Liability Convention and the
preceding provisions of this paragraph or the Contributory
Negligence Act, the 1992 Liability Convention shall be decisive.

Contributions to Fund
7. For the purposes of Article 10(2) of the 1992 Oil Fund

Convention an “Associated person” is —
(a) where the person referred to in Article 10 (1) is a member of a

group of companies, all the other members of that group;
(b) where two or more companies have been amalgamated into a

single company and the person referred to in Article 10 (1) is
one such company, the other companies amalgamated;

(c) any subsidiary company of the person referred to in Article
10 (1).
8. (1) For the purposes of transmitting to the International

Oil Pollution Compensation Fund the names and addresses of the
persons who are liable to make contributions to the Fund for any
year, and the quantity of oil in respect of which they are so liable,
the Administration may require any person engaged in producing,
importing, receiving, treating, distributing, or transporting oil to
furnish such information as may be specified.

Conversion of
special drawing
rights.

Application of
Contributory
Negligence Act.

Ch. 75.

Definition of
associated
person.

Power to obtain
information.

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STATUTE LAW OF THE BAHAMAS LRO 1/2002

(2) The Administration may require a company to give
such information as may be required to ascertain whether its
liability is affected by the 1992 Oil Fund Convention.

(3) The Administration may specify a way in which and
a time within which such information is to be supplied.

(4) In proceedings by the Fund against any person to
recover any amount due under the 1992 Oil Fund Convention,
particulars contained in any list transmitted by the
Administration to the Fund shall, so far as those particulars are
based on information obtained under this paragraph, be
admissible as evidence of the facts stated in the list; and so far as
particulars which are so admissible are based on information
given by the person against whom the proceedings are brought,
those particulars shall be presumed to be accurate until the
contrary is proved.
Jurisdiction of the Supreme Court and Registration of Foreign

Judgments
9. For the purposes of Article IX of the 1992 Liability

Convention, an action brought in The Bahamas under paragraph
1 of that Article for pollution damage caused —
(a) in The Bahamas;
(b) in the territorial waters of The Bahamas; or
(c) in the exclusive economic zone of The Bahamas established

in accordance with international law, or in absence of the
establishment of such a zone in an area beyond and adjacent
to the territorial seas of The Bahamas determined by the
Government of The Bahamas in accordance with
international law and extending not more than 200 nautical
miles from the baselines from which the breadth of the
territorial sea of The Bahamas is measured,

may be brought in the Supreme Court of The Bahamas.
10. (1) The admiralty jurisdiction of the Supreme Court

of The Bahamas shall extend to —
(a) actions for compensation under the 1992 Liability Convention;

and
(b) actions (referred to in Article 7(1) of the 1992 Oil Fund

Convention) against the International Oil Pollution Compen-
sation Fund 1992.
11. The Foreign Judgments (Reciprocal Enforcement)

Act, 1933, shall apply, whether or not it would so apply apart
from this subparagraph, to any judgment given by —
(a) a court in a country to which the 1992 Liability Convention

applies to enforce a claim in respect of a liability incurred under
any provision implementing the 1992 Liability Convention and


Action for
pollution damage
brought in
Supreme court.

Extension of
admiralty
jurisdiction of the
Supreme Court.

Application of
the Foreign
Judgments
(Reciprocal
Enforcement)
Act, 1933.
S.I. 83/2001.

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in its application to such a judgment that Act shall have with
the omission of sections 4(2) and 4(3) of the Act;

(b) a court in a country to which the 1992 Oil Fund
Convention applies to enforce a claim in respect of a
liability incurred under any provision implementing the
1992 Oil Fund Convention and in its application to such a
judgment that Act shall have with the omission of sections
4(2) and 4(3) of the Act.
(2) No steps shall be taken to enforce a judgment

referred to in subparagraph (1)(b) unless and until the court in
which the judgment is registered gives leave to enforce it and —
(a) the Fund has notified such court either that the amount of

the claim is not to be reduced under paragraph 4 of Article
4 of the Oil Fund Convention or that it is to be reduced to a
specified amount;

(b) in the latter case, the judgment shall be enforceable only for
the reduced amount.

THIRD SCHEDULE (section 17) 

PROVISIONS HAVING EFFECT IN CONNECTION 
WITH THE BUNKER OIL LIABILITY CONVENTION 

1. (1) Where the registry of a Bahamian ship is suspended
and that ship is registered in a foreign country for the duration of
a bareboat charter in accordance with section 25 of the Merchant
Shipping Act, notwithstanding anything to the contrary in
Article 1 of the Bunker Oil Liability Convention, the “State of
the ship's registry” is such foreign country.

(2) In this Schedule “Administration” means the
Director of the Bahamas Maritime Authority.

2. (1) This paragraph applies to any ship having a gross
tonnage of more than 1,000.

(2) A ship shall not enter or leave a port in The Bahamas
or arrive at or leave an offshore terminal in the territorial sea of
The Bahamas nor, if the ship is a Bahamian ship, a port in any
other country or a terminal in the territorial sea of any other
country, unless there is in force a certificate complying with the
provisions of subparagraph (3).

(3) The certificate shall —
(a) show that there is in force in respect of that ship a contract

of insurance or other security satisfying the requirements of
Article 7 of the Bunker Oil Liability Convention; and

(b) be —

37 of 2009, s. 3.

Suspended 
shipʹs registry 
under bareboat 
charter and 
definition of 
Administration. 

Ch. 268. 

Compulsory
insurance against
liability for
pollution.

CH.275 – 28] MERCHANT SHIPPING (OIL POLLUTION)





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(i) if the ship is a Bahamian ship, a certificate issued by
the Administration;

(ii) if the ship is registered in a country to which the
Bunker Oil Liability Convention applies other than
The Bahamas, a certificate issued by or under the
authority of the government of that country;

(iii) if the ship is registered in a country which is not a
country to which the Bunker Oil Liability Convention
applies, a certificate issued by the Administration, or
by or under the authority of the government of any
country to which the Bunker Oil Liability Convention
applies other than The Bahamas.

(4) A certificate required by this paragraph to be in force
in respect of a ship shall be carried in the ship and shall be
produced on demand by the master to any customs officer or the
Administration and if the ship is a Bahamian ship also to any
registrar, inspector, or consular officer.

(5) Where a ship enters or leaves or attempts to enter or
leave a port, or arrives at or leaves or attempts to arrive at or
leave a terminal in contravention of subparagraph (2), the master
and owner commits an offence and is liable on conviction on
information to a fine not exceeding $120,000.

(6) Where a ship fails to carry, or the master of a ship
fails to produce, a certificate as required by subparagraph (4),
the master commits an offence and is liable on summary
conviction to a fine not exceeding $2,500.

(7) Where a ship attempts to leave a port in The
Bahamas in contravention of this paragraph the ship may be
detained.

(8) Nothing in preceding provisions of this paragraph
applies in relation to any warship or any ship for the time being
used by the government of any State for other than commercial
purposes.

(9) Where a ship is owned by a State it shall be
sufficient compliance with subparagraph (2) if there is in force a
certificate issued by the government of that State showing that
the ship is owned by that State and that any liability for pollution
damage as defined in Article 1 of the Bunker Oil Liability
Convention will be met up to the limit prescribed by paragraph I
of Article 7 of the Bunker Oil Liability Convention.

3. (1) If the Administration is satisfied on application for a
certificate mentioned in paragraph 2 in respect of a Bahamian
ship or a ship registered in any country to which the Bunker Oil
Liability Convention does not apply, that there will be in force
in respect of the ship, throughout the period for which the

Issue of
certificate by the
Administration.

MERCHANT SHIPPING (OIL POLLUTION) [CH.275 – 29





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

certificate is to be issued, a contract of insurance or other
security satisfying Article 7 of the Bunker Oil Liability
Convention, the Administration may issue such a certificate to
the owner.

(2) If the Administration is of the opinion that there is a
doubt whether the person providing insurance or other security
will be able to meet his obligations thereunder, or whether the
insurance or other security will cover the owner’s liability under
the Bunker Oil Liability Convention in all circumstances, the
Administration may refuse the certificate.

4. (1) Where the person to whom a certificate has been
issued under paragraph 3 ceases to be the owner of the ship to
which the certificate relates the certificate shall cease to be valid
and he shall immediately deliver up the certificate to the
Administration for cancellation.

(2) Where, at any time while a certificate issued under
paragraph 3 is in force, it is established in any legal proceedings
that the contract of insurance or other security in respect of
which the certificate was issued is or may be treated as invalid,
the certificate may be cancelled by the Administration and, if so
cancelled, shall on demand, immediately be delivered up to the
Administration by the person to whom the certificate was issued.

(3) Where, at any time while a certificate issued under
paragraph 3 is in force, circumstances arise in relation to the
insurer or guarantor named in the certificate (or where more than
one is so named, to any of them) such that, if the certificate were
applied for at that time, the Administration would be entitled to
refuse the application under subparagraph (2) of paragraph 3, the
certificate may be cancelled by the Administration and, if so
cancelled, shall on demand, immediately be delivered up to the
Administration by the person to whom the certificate was issued.

5. The Contributory Negligence Act shall apply in relation
to any damage or cost for which a person is liable under the
Bunker Oil Liability Convention, but which is not due to his
fault, as if it were due to his fault:

Provided, however, that in the case of any conflict between
the Bunker Oil Liability Convention and the Contributory
Negligence Act, the Bunker Oil Liability Convention shall be
decisive.

6. For the purposes of Article 9 of the Bunker Oil Liability
Convention, an action brought in The Bahamas under paragraph
1 of that Article for pollution damage caused —
(a) in The Bahamas;
(b) in the territorial waters of The Bahamas; or

Cancellation and
delivery up of
certificates.

Application of
the Contributory
Negligence Act.

Ch. 75.



Ch. 75.

Action for
pollution damage
brought in
Supreme Court.

CH.275 – 30] MERCHANT SHIPPING (OIL POLLUTION)





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(c) in the exclusive economic zone of The Bahamas
established in accordance with international law, or in
absence of the establishment of such a zone in an area
beyond and adjacent to the territorial seas of The Bahamas
determined by the Government of The Bahamas in
accordance with international law and extending not more
than 200 nautical miles from the baselines from which the
breadth of the territorial sea of The Bahamas is measured,

may be brought in the Supreme Court of The Bahamas.
7. The Admiralty jurisdiction of the Supreme Court of The

Bahamas shall extend to actions for compensation under the
Bunker Oil Liability Convention.

8. The Reciprocal Enforcement of Judgments Act, shall
apply, whether or not it would so apply, apart from this
paragraph, to any judgment given by a court in a country to
which the Bunker Oil Liability Convention applies to enforce a
claim in respect of a liability incurred under any provision
implementing the Bunker Oil Liability Convention. 


Admiralty
jurisdiction.

Application.

Ch. 77.

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