Ship-Source Pollution Regulations, 2008

L.N. 130 of 2008

TERRITORIAL WATERS AND CONTIGUOUS ZONE ACT

(CAP. 226)

Ship-Source Pollution Regulations, 2008

IN exercise of the powers conferred by article 7 of the Territorial

Waters and Contiguous Zone Act, the Prime Minister has made the

following regulations>

PART I

General Provisions

These regulations may be cited as the Ship-Source Pollution

Regulations, 2008.

(1)

In these regulations, unless the context otherwise

requires –

“the Act” means the Territorial Waters and Contiguous Zone

Act<

“Annex I” means Annex I to the MARPOL Convention,

including the appendices thereto<

“Annex II” means Annex II to the MARPOL Convention,

including the appendices thereto<

“harmful substances” means any substance which, if

introduced into the sea, is liable to create hazards to human health,

to harm living resources and marine life, to damage amenities or to

interfere with other legitimate uses of the sea, and includes any

substance subject to control by the MARPOL Convention<

“internal waters” means all waters landward of the baselines

from which the territorial waters are measured and includes any

port<

“Maltese waters” means the internal waters and the territorial

waters<

“maritime enforcement officer” shall have the same meaning

as is assigned to it in the Act<

“MARPOL Convention” means the International Convention

for the Prevention of Pollution from Ships, signed in London on 2

November 1973 as modified by the Protocol of 1978 relating thereto

signed in London on 17 February 1978<

“port” means any port declared under the Malta Maritime

Authority Act<

“Pollution Regulations” means the Merchant Shipping

(Prevention of Pollution from Ships) Regulations, 2003<

L.N. 332 of 2003.

“relevant vessel or craft” shall have the same meaning as is

assigned to it in the Act<

“ship” means any seagoing vessel of any type whatsoever

operating in the marine environment and includes hydrofoil boats,

air-cushion vehicles, submersibles and floating craft<

“territorial waters” shall have the same meaning as is assigned

to it in the Act.

(2) Unless otherwise defined in these regulations or unless

the context requires, words and expressions used in these regulations

shall have the same meaning assigned to them in the MARPOL

Convention.

These regulations implement Directive 2005#35#EC of the Scope.

European Parliament and of the Council of the 7 September 2005 on

ship-source pollution and on the introduction of penalties for

infringements.

Application.

(1) These regulations shall apply to>

(a)

any ship in Maltese waters<

(b) any ship on the high seas>

Provided that these regulations shall only apply to a ship on

the high seas if the discharge of any harmful substance from any

such ship results or may be reasonably expected to result in major

harmful consequences in Maltese waters or to the coastline of Malta

or related interests, including fishing.

(2) These regulations shall not apply to any warship, naval

auxiliary or other ship owned or operated by a State and used, for the

time being, only on government non-commercial service.

PART II

Offences and exceptions

(1) It shall be a criminal offence to discharge with intent,

recklessly or by serious negligence any harmful substance in

contravention of the provisions of the Pollution Regulations from>

(a)

any ship in Maltese waters< or

(b) any ship on the high seas, in so far as the conditions laid

down in the proviso to regulation 4(1) are satisfied.

(2) Whosoever shall aid, abet or incite the commission of

an offence referred to in the immediately preceding provision shall be

guilty of an offence.

(1) A discharge of any harmful substance shall not constitute

an offence under these regulations if it satisfies the conditions set out in

Annex I, Regulations 9, 10, 11(a) or 11(c) or in Annex II, Regulations

5, 6(a) or 6(c) of the MARPOL Convention.

(2) Without prejudice to the generality of the immediately

preceding provision a discharge of any harmful substance from any

ship on the high seas shall not constitute an offence under these

regulations when committed by the owner of a ship or by the master or

other member of the crew acting under the master’s responsibility if it

satisfies the conditions set out in Annex I, Regulation 11(b) or in Annex

II, Regulation 6(b) of the MARPOL Convention.

PART III

Enforcement, penalties and jurisdiction

A maritime enforcement officer, whether on board a relevant

vessel or craft or otherwise, may take appropriate action with respect to

any person or to any ship within Maltese waters or, in so far as the

conditions laid down in the proviso to regulation 4(1) are satisfied, on

the high seas who is reasonably suspected of having committed or of

being about to commit an offence under these regulations.

(1) Whosoever shall commit an offence under these

regulations that does not result in deterioration of the quality of the

water shall, on conviction, be liable to a fine (multa) of not more than

twelve thousand euros or to imprisonment for a term not exceeding six

months or to both such fine and imprisonment including the payment

of any expenses disbursed to remedy the damage incurred.

(2) Whosoever shall commit an offence under these

regulations resulting in serious deterioration of the quality of the water

shall, on conviction, be liable to a fine (multa) of not less than twelve

thousand euros and not more than thirty thousand euros or to

imprisonment for a term not less than six months and not exceeding 18

months or to both such fine and imprisonment including the payment

of any expenses disbursed to remedy the damage incurred.

(3) Whosoever shall through recklessness or serious

negligence commit an offence under these regulations resulting in

significant and widespread damage to water quality, to animal or

vegetable species or to parts thereof shall, on conviction, be liable to a

fine (multa) of not less than twenty three thousand euros and not more

than two hundred fifty thousand euros or to imprisonment for a term of

not less than six months and not exceeding two years or to both such

fine and imprisonment including the payment of any expenses disbursed

to remedy the damage incurred.

(4) Whosoever shall through recklessness or serious

negligence commit an offence under these regulations resulting in

significant and widespread damage to water quality, to animal or

vegetable species or to parts thereof and the death or serious injury of

persons shall, on conviction, be liable to imprisonment for a term of not

less than two years and not exceeding twelve years for serious injuries

and for a term of not less than four years and not exceeding twenty

years for death, including the payment of any expenses disbursed to

remedy the damage incurred.

(5) Whosoever shall with intent commit an offence under

regulation 5(1)(a) of these regulations resulting in significant and

widespread damage to water quality, to animal or vegetable species or

to parts thereof shall, on conviction, be liable to imprisonment for a

term of not less than two years and not exceeding five years including

the payment of any expenses disbursed to remedy the damage incurred.

(6) Whosoever shall with intent commit an offence under

regulation 5(1)(b) of these regulations resulting in significant and

widespread damage to water quality, to animal or vegetable species or

to parts thereof shall, on conviction, be liable to imprisonment for a

term of not less than six months and not exceeding four years including

the payment of any expenses disbursed to remedy the damage incurred.

(7) Whosoever shall with intent commit an offence under regulation 5(1) of these

regulations resulting in significant and widespread damage to water quality, to animal or

vegetable species or to parts thereof and the death or serious injury of persons shall, on

conviction, be liable to imprisonment for a term of not less than three years and not

exceeding fifteen years for serious injuries and for a term of not less than five years and not

exceeding thirty years for death, including the payment of any expenses disbursed to remedy

the damage incurred.

(8) Any person who is guilty of an offence under regulation 5(2) of these regulations

shall be liable to the same penalty imposed in the preceding provisions of this regulation in

respect of the commission of the corresponding offence under regulation 5(1).

(9) Where the person found guilty of an offence under these regulations is the director,

manager, secretary or other principal officer of a body corporate or is a person having a

power of representation of such body corporate or having an authority to take decisions on

behalf of that body or having authority to exercise control within that body, and the offence

of which that person is found guilty was committed for the benefit, in whole or in part, of

that body corporate, the said person shall for the purpose of these regulations be deemed to

be vested with the legal representation of the said body corporate which shall, on conviction,

be liable to the payment of a fine (multa) of not less than one hundred and fifty thousand

euros and not more than three hundred thousand euros for any offence committed through

recklessness or serious negligence, and of not less than seven hundred and fifty thousand

euros and not more than one million and five hundred thousand euros for any offence

committed with intent, including the payment of any expenses disbursed to remedy the

damage incurred.

The Maltese courts shall, subject to the provisions of article 5 of the Criminal Code, have

jurisdiction over the offences laid down in these regulations.

€0.56 (Lm0.24)