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OIL IN NAVIGABLE WATERS ACT, 1964
(ACT 235)
ARRANGEMENT OF SECTIONS
Section
1. Discharge of certain oils into
prohibited sea areas.
2. Designation of prohibited sea
areas.
3. Discharge of oil into Ghanaian
waters.
4. Special defences under sections
1 and 3.
5. Equipment in ships to prevent
oil pollution.
6. Penalties for offences under
sections 1, 3, and 5.
7. Maintaining records of matters
relating to oil.
8. Maintaining records of transfer
of oil to or from vessels.
9. Particulars to be specified in
records.
10. Offences under sections 7, 8
and 9.
11. Facilities in ports for
disposal of oil residues.
12. Restrictions on transfer of
oil at night.
13. Duty to report discharges of
oil into waters of ports.
14. Powers of inspection.
15. Prosecutions.
16. Enforcement and application of
fines.
17. General provisions as to
application of Act.
18. Power of Minister to grant
exemptions.
19. Application of Act to
Government ships.
20. Enforcement of Conventions
relating to oil pollution.
21. Interpretation.
22. Revocation.
SCHEDULES
First Schedule—Prohibited zones
Second Schedule
Part I—Accidental and other
exceptional discharges or escapes
of oil
Part II—Date of entry
Part III
THE TWO HUNDRED AND THIRTY-FIFTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE OIL IN NAVIGABLE WATERS ACT,
1964
AN ACT to enable effect to be
given to the International
Convention for the Prevention of
Pollution of the Sea by Oil, 1954,
and otherwise to make new
provision for preventing the
pollution of the sea and of
navigable waters by oil.
DATE OF ASSENT: 6th April, 1964
WHEREAS the Government of Ghana
deposited a document of acceptance
with the Inter-Governmental
Maritime Consultative Organisation
in London on 17th May, 1962, for a
Convention entitled "The
International Convention for the
Prevention of the Pollution of the
Sea by Oil, 1954" (in this Act
referred to as "the Convention of
1954"):
AND WHEREAS it is expedient to
enable effect to be given to that
Convention and otherwise to make
new provision for preventing the
pollution of navigable waters by
oil:
NOW THEREFORE BE IT ENACTED by the
President and the National
Assembly in this present
Parliament assembled as follows:—
Section 1—Discharge of Certain
Oils into Prohibited Sea Areas.
(1) If any oil to which this
section applies is discharged from
any ship registered in Ghana into
a part of the sea which is a
prohibited sea area, or if any
mixture containing not less than
one hundred parts of oil to which
this section applies in a million
parts of the mixture is discharged
from such a ship into such a part
of the sea, the owner or master of
the ship shall, subject to the
provisions of this Act, be guilty
of an offence under this section.
(2) This section applies to crude
oil, fuel oil, heavy diesel oil
and lubricating oil and shall also
apply to any other description of
oil which may be prescribed by the
Minister, having regard to the
provisions of any subsequent
Convention in so far as it relates
to the prevention of pollution of
the sea by oil, or having regard
to the persistent character of oil
of that description and the
likelihood that it would cause
pollution if discharged from a
ship into a prohibited sea area.
(3) Regulations made under this
section by the Minister may make
exceptions from the operation of
subsection (1) of this section,
either absolutely or subject to
any prescribed conditions, and
either generally or as respects
particular classes of ships, or in
relation to particular
descriptions of oil or mixtures
containing oil or to the discharge
of oil or mixtures in prescribed
circumstances, or in relation to
particular areas of the sea.
(4) This section shall not apply
to the discharge from the bilges
of a ship of an oily mixture
containing no other oil than
lubricating oil which has drained
or leaked from machinery spaces.
(5) In this Act "subsequent
Convention" means any Convention
subsequent to the Convention of
1954, being a Convention accepted
by the Government of Ghana.
Section 2—Designation of
Prohibited Sea Areas.
(1) For the purposes of this Act
the areas of the sea designated by
or in accordance with this section
shall be prohibited sea areas.
(2) Subject to the following
provisions of this section the
areas specified in the First
Schedule to this Act shall be
prohibited sea areas.
(3) The Minister, if he considers
it necessary to do so for the
purpose of protecting the coast
and territorial waters of Ghana
from pollution by oil, may by
legislative instrument, designate
any area of the sea, outside the
territorial waters of Ghana and
outside the areas specified in the
First Schedule to this Act, as a
prohibited sea area.
(4) For the purpose of giving
effect to any variation of the
prohibited zones referred to in
the Convention of 1954, in
accordance with the provisions of
that Convention or of any
subsequent Convention, the
Minister may by legislative
instrument vary any of the areas
specified in the First Schedule to
this Act, or declare that any area
specified in that Schedule shall
cease to be included therein, or
designate as a prohibited area any
area of the sea, outside the
Territorial waters of Ghana, which
apart from the instrument is not a
prohibited sea area.
Section 3—Discharge of Oil into
Ghanaian Waters.
(1) If any oil or mixture
containing oil is discharged into
waters to which this section
applies from any vessel, or from
any place on land, or from any
apparatus used for transferring
oil from or to any vessel (whether
to or from a place on land or to
or from another vessel), then
subject to the provisions of this
Act—
(a) if the discharge is from a
vessel, the owner or master of the
vessel, or
(b) if the discharge is from a
place on land, the occupier of
that place, or
(c) if the discharge is from
apparatus used for transferring
oil from or to a vessel, the
person in charge of the apparatus,
shall be guilty of an offence
under this section.
(2) This section applies to the
following waters, that is to say—
(a) the whole of the sea within
the seaward limits of the
territorial waters of Ghana, and
(b) all other waters (including
inland waters) which are within
those limits and are navigable by
sea-going ships.
(3) A port Authority may appoint a
place within his jurisdiction
where the ballast water of vessels
in which a cargo of
petroleum-spirit has been carried
may be discharged into the waters
of the port at such times, and
subject to such conditions, as the
Authority may determine; and,
where a place is so appointed, the
discharge of ballast water from
such a vessel shall not constitute
an offence under this section, if
the ballast water is discharged at
that place, and at a time and in
accordance with the conditions so
determined, and the ballast water
contains no oil other than
petroleum-spirit.
(4) In this Act "place on land"
includes anything resting on the
bed or shore of the sea, or of any
other waters to which this section
applies, and also includes
anything afloat (other than a
vessel) if it is anchored or
attached to the bed or shore of
the sea or of any such waters; and
"occupier" in relation to any such
thing as is mentioned in the
preceding provisions of this
subsection, 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.
Section 4—Special Defences under
Sections 1 and 3.
(1) Where a person is charged with
an offence under section 1 of this
Act, or is charged with an offence
under the last preceding section
as the owner or master of a
vessel, it shall be a defence to
prove that the oil or mixture in
question 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:
Provided that a defence under this
subsection shall not have effect
if the court is satisfied that the
discharge of the oil or mixture
was not necessary for the purpose
alleged in the defence or was not
a reasonable step to take in the
circumstances.
(2) Where a person is charged as
mentioned in the preceding
subsection 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
the leakage was not 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) Where a person is charged with
an offence under the last
preceding section as the occupier
of a place on land, or as the
person in charge of any apparatus,
from which oil or a mixture
containing oil is alleged to have
escaped, it shall be a defence to
prove that the escape of the oil
or mixture was not 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.
(4) Without prejudice to the last
preceding subsection, it shall be
a defence for the occupier of a
place on land, who is charged with
an offence under the last
preceding section, to prove that
the discharge was caused by the
act of a person who was in that
place without the permission
(express or implied) of the
occupier.
(5) Where a person is charged with
an offence under the last
preceding section in respect of
the discharge of a mixture
containing oil from a place on
land, it shall (without prejudice
to any other defence under this
section) 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 the last preceding section
applies; and
(c) that all reasonably
practicable steps had been taken
for eliminating oil from the
effluent:
Provided that a defence under this
subsection shall not have effect
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 in question, or land
adjacent to those waters, was
fouled by oil, unless the court is
satisfied that the fouling was not
caused, or contributed to, by oil
contained in any effluent
discharge at or before that time
from that place.
(6) Where any oil or mixture
containing oil is discharged in
consequence of the exercise of any
power conferred by sections 243
and 244 of the Merchant Shipping
Act, 1963 (Act 183) (which relate
to the removal of wrecks), and
apart from this subsection the
authority exercising the power, or
a person employed by or acting on
behalf of the authority, would be
guilty of an offence under section
1 of this Act, or under the last
preceding section, in respect of
that discharge the authority or
person shall not be convicted of
that offence unless it is shown
that they or he failed to take
such steps (if any) as were
reasonable in the circumstances
for preventing, stopping or
reducing the discharge.
Section 5—Equipment in Ships to
Prevent Oil Pollution.
(1) All ships registered in Ghana
which use oil as fuel for either
engines or boilers shall be so
fitted as to prevent oil fuel from
leaking or draining into bilges
unless effective means are
provided to ensure that the oil in
the bilges is not discharged in
contravention of this Act.
(2) For the purpose of preventing
or reducing discharges of oil and
mixtures containing oil into the
sea, the Minister may, by
legislative instrument, make
regulations requiring ships
registered in Ghana to be fitted
with such equipment, and to comply
with such requirements, as may be
prescribed.
(3) Without prejudice to the
generality of the preceding
subsection, where any regulations
made thereunder require ships to
be fitted with equipment of a
prescribed description, the
regulations may provide that
equipment of that description
shall not be installed in a ship
to which the regulations apply
unless it is of a type approved by
the Minister.
Section 6—Penalties for Offences
under Sections 1, 3 and 5.
A
person guilty of an offence under
section 1 or section 3, or under
the last preceding section, shall,
on conviction on indictment, or on
summary conviction, be liable to a
fine:
Provided that an offence shall not
by virtue of this section be
punishable on summary conviction
by a fine exceeding one thousand
pounds.
Section 7—Maintaining Records of
Matters Relating to Oil.
(1) The master of every ship
registered in Ghana (not being a
tanker) of 80 tons gross tonnage
or over which uses fuel oil shall
maintain a record—
(a) of any occasion on which oil
or a mixture containing oil is
discharged from his ship for the
purpose of securing the safety of
any vessel or of preventing damage
to any vessel or cargo;
(b) of any occasion on which oil
or a mixture containing oil is
found to be escaping, or to have
escaped, from any such ship in
consequence of damage to the ship,
or by reason of leakage;
(c) of the carrying out, on board
or in connection with any such
ship, of operations relating to —
(i)
the ballasting of oil tanks
(whether cargo or bunker fuel
tanks) and the discharge of
ballast from, and cleaning of,
such tanks, or
(ii) the separation of oil from
water, or from other substances in
any mixture containing oil, or
(iii) 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
(iv) the disposal of any other oil
residues.
(2) The records required to be
maintained of the matters
specified in paragraphs (a) and
(b) of subsection (1) of this
section shall be in the form set
out in Part I of the Second
Schedule to this Act, and those to
be maintained of the matters
specified in paragraph (c) of
subsection (1) of this section, in
the form set out in Part III of
that Schedule.
(3) The master of every ship being
a tanker registered in Ghana shall
maintain a record in the form set
out in Part I of the Second
Schedule to this Act of the
matters specified in paragraphs
(a) and (b) of subsection (1) of
this section and in the form set
out in Part II of the Second
Schedule of the matters specified
in paragraph (c) of that
subsection.
(4) The records required to be
maintained in accordance with this
section shall be retained in the
ship for a period of two years
after the last entry has been made
and shall be kept readily
available for inspection at all
reasonable times.
Section 8—Maintaining Records of
Transfer of Oil to or from
Vessels.
(1) The master of every vessel,
whether registered or not, and of
whatever nationality, which is
capable of carrying in bulk,
whether for cargo or for bunker
purposes, more than five tons of
oil in any one space or container,
shall maintain a record of the
particulars specified in section 9
hereof relating to the transfer of
oil to and from the vessel while
it is within the seaward limits of
the territorial waters of Ghana.
(2) In the case of the transfer of
oil to a barge the record shall be
kept by the person supplying the
oil and in the case of the
transfer of oil from the barge the
record shall be kept by the person
to whom the oil is delivered.
Section 9—Particulars to be
Specified in Records.
(1) The record required to be
maintained by the last preceding
section shall show clearly the
following particulars—
(i)
the name and port of registry (if
any) of the vessel or barge;
(ii) the date and time of
transfer;
(iii) the place of transfer;
(iv) the amount and description of
oil transferred; and
(v) from what vessel, barge or
place on land, and to what vessel,
barge or place, the oil was
transferred.
(2) The record of each operation
shall be separately signed and
dated by the master or such other
person as is referred to in
subsection (2) of the last
preceding section.
(3) If the record is kept in the
Official Log of a vessel it shall
not be necessary separately to
state the name and port of
registry (if any) of the vessel.
Section 10—Offences under Sections
7, 8 and 9.
(1) If any person fails to comply
with any requirements imposed by
or under section 7, section 8 or
section 9 he shall be liable on
summary conviction to a fine not
exceeding five hundred pounds; and
if any person makes an entry in
any records kept under section 7
or section 8 which is to his
knowledge false or misleading in
any material particular, he shall
be liable on summary conviction to
a fine not exceeding five hundred
pounds, or to imprisonment for a
term not exceeding six months, or
to both.
(2) In any proceedings under this
Act—
(a) any records kept in pursuance
of this Act shall be admissible as
evidence of the facts stated in
those records;
(b) any copy of an entry in such
records, which is certified by the
person by whom the records are
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
a record kept in pursuance of this
Act, or purporting to be such a
certified copy as is mentioned in
the last preceding paragraph,
shall, unless the contrary is
proved, be presumed to be such a
record or such a certified copy,
as the case may be.
Section 11—Facilities in Ports for
Disposal of Oil Residues.
(1) In respect of every port in
Ghana, the powers of the Authority
shall include a power to provide
facilities for enabling vessels
using the port to discharge or
deposit oil residues (in this Act
referred to as "oil reception
facilities").
(2) Any power of an 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 an
Authority shall be construed
accordingly; and any such power
shall include power to arrange for
the provision of such facilities
by any other person.
(3) An Authority providing oil
reception facilities, or a person
providing such facilities by
arrangement with an 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, an
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 the
last preceding subsection.
(5) Where in the case of any port
in Ghana it appears to the
Minister, after consultation with
the Authority and with any
organisation appearing to him to
be representative of owners of
ships registered in Ghana—
(a) where the port has oil
reception facilities, that those
facilities are inadequate, or
(b) where the port has no such
facilities, that the port has need
of such facilities,
the Minister may, with the prior
approval of the President, direct
the Authority to provide, or
arrange for the provision of, such
oil reception facilities as may be
specified in the directions.
(6) Notwithstanding the provisions
of subsection (4) of this section,
an Authority providing oil
reception facilities or a person
providing such facilities by
arrangement with such Authority,
shall not be obliged to make those
facilities available for use by
tankers, except at oil loading
terminals; and the requirements of
tankers shall be assessed
accordingly by the Minister in
exercising his powers under the
last preceding subsection.
(7) Nothing in this section shall
be construed as requiring an
Authority to allow untreated
ballast water or tank washings
(that is to say, ballast water or
tank washings which contain oil
and have 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) As respects any port in Ghana
subsections (1), (2) and (5) of
this section shall have effect in
relation to arrangements for
disposing of oil residues
discharged or deposited by vessels
using the 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.
Section 12—Restrictions on
Transfer of Oil at Night.
(1) No oil shall be transferred
between sunset and sunrise to or
from a vessel in any port in Ghana
unless the requisite notice has
been given in accordance with this
section:
Provided that this subsection
shall not apply to the transfer of
oil for the purposes of saving
life or property.
(2) For the purposes of this
section 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 a period
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:
Provided that the period specified
in such a notice shall not extend
beyond the end of the period of
twelve months beginning with the
date on which the notice is given.
(3) Subject to the last preceding
subsection, 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 the two last preceding
subsections 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 liable on summary
conviction to a fine not exceeding
one hundred pounds.
Section 13—Duty to Report
Discharges of Oil into Waters of
Ports.
(1) If any oil or mixture
containing oil—
(a) is discharged from a vessel
into the waters of a port in Ghana
for the purposes of securing the
safety of the vessel or of
preventing damage to the vessel or
her cargo, or of saving life, or
(b) is found to be escaping, or to
have escaped, into any such waters
from a vessel in consequence of
damage to the vessel or by reason
of leakage, 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 there is
no harbour master, to the port
Authority) stating in the case of
a report by the owner or master of
a vessel, whether it falls within
paragraph (a) or paragraph (b) of
this subsection, and if he fails
to do so, shall be guilty of an
offence under this section.
(2) A person guilty of an offence
under this section shall be liable
on summary conviction to a fine
not exceeding two hundred pounds.
Section 14—Powers of Inspection.
(1) The Minister may appoint any
person as an inspector to report
to him—
(a) whether the prohibitions,
restrictions and obligations
imposed by virtue of this Act
(including prohibitions so imposed
by the creation of offences under
this Act) have been complied with;
(b) what measures (other than
measures made obligatory by
regulations under section 5 of
this Act) have been taken to
prevent the escape of oil and
mixtures containing oil;
(c) whether the oil reception
facilities provided in ports 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.
(2) Every surveyor of ships 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) (a) Sections 314 and 316
of the Merchant Shipping Act, 1963
(Act 183) (which
relate to the powers of surveyors)
shall apply to persons appointed
under subsection (1) of this
section as they apply to the
surveyors referred to in those
sections as if a reference to that
Act were a reference to this Act
and included a reference to any
regulations made under this Act.
(b) Any power of a surveyor under
the said section 314 as so applied
to require the production of any
records required to be kept in
accordance with section 7 and 8 of
this Act shall include power to
copy an entry in those records and
require the person by whom the
records are kept to certify the
copy as a true copy of the entry.
(4) 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 in Ghana the harbour master,
and any other person appointed by
the Minister 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
port;
(b) to require the production of
any records which by virtue of
sections 7 and 8 of this Act are
required to be kept in respect of
that vessel;
(c) to copy an entry in any such
records, and require the person by
whom the records are to be kept to
certify the copy as a true copy of
the entry:
Provided that a person exercising
any powers conferred by this
subsection shall not unnecessarily
detain or delay the vessel from
proceeding on any voyage.
(5) If any person fails to comply
with any requirement duly made in
pursuance of paragraph (b) or
paragraph (c) of the last
preceding subsection, he shall be
liable on summary conviction to a
fine not exceeding ten pounds, and
if any person wilfully obstructs a
person acting in the exercise of
any power conferred by virtue of
this section, he shall be liable
on summary conviction to a fine
not exceeding one hundred pounds.
Section 15—Prosecutions.
(1) In respect of any of the
following offences, that is to
say—
(a) any offence under section 3 of
this Act which is alleged to have
been committed by the discharge of
oil, or a mixture containing oil,
into the waters of a port in
Ghana;
(b) any offence under section 8 of
this Act relating to the keeping
of records of the transfer of oil
within such port;
(c) any offence in relation to
such a port under section 12 or
section 13 of this Act; and
(d) any offence under the last
preceding section in respect of
failure to comply with a
requirement of a harbour master,
or in respect of obstruction of a
harbour master, acting in the
exercise of any power conferred by
virtue of that section,
no proceedings shall be brought
except by or with the consent of
the Attorney-General, or by the
port Authority concerned:
Provided that the Minister, or a
person authorised by any general
or special directions of the
Minister, may bring proceedings
for any such offence as is
mentioned in paragraph (a) of this
subsection.
(2) In respect of any other
offence alleged to have been
committed under this Act, no
proceedings shall be brought
except by or with the consent of
the Attorney-General, or by the
Minister or a person authorised by
any general or special directions
of the Minister.
(3) Where, immediately before the
date which (apart from this
subsection) would be the date of
expiry of the time for bringing
proceedings in a court of summary
jurisdiction in respect of an
offence alleged to have been
committed under this Act, the
person to be charged is outside
Ghana, the time for bringing the
proceedings shall be extended
until the end of the period of two
months beginning with the date on
which he next enters Ghana.
(4) 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.
Section 16—Enforcement and
Application of Fines.
(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 direct the
amount remaining unpaid to be
levied by distress or ponding and
sale of the vessel, her tackle,
furniture and apparel.
(2) Where a person is convicted of
an offence under section 1 or
section 3 of this Act, 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.
Section 17—General Provisions as
to Application of Act.
The provisions of this Act, except
provisions which are expressed to
apply only to ships registered in
Ghana, shall (subject to any
exemptions expressly conferred by
or under this Act) apply to all
vessels, whether registered or
not, and of whatever nationality.
Section 18—Power of Minister to
Grant Exemptions.
The Minister may exempt any
vessels or classes of vessels from
any of the provisions of this Act
or of any regulations made
thereunder, either absolutely or
subject to such conditions as he
thinks fit.
Section 19—Application of Act to
Government Ships.
(1) The provisions of this Act do
not apply to ships of the Ghana
Navy, nor to ships for the time
being used as Naval Auxiliaries.
(2) Subject to the preceding
subsection—
(a) provisions of this Act which
are expressed to apply only to
ships registered in Ghana apply to
Government ships so registered and
to Government ships not so
registered, as they apply to other
ships which are registered in
Ghana;
(b) provisions of this Act which
are expressed to apply to ships
generally apply to Government
ships as they apply to other
ships.
Section 20—Enforcement of
Conventions Relating to Oil
Pollution.
(1) Without prejudice to any
powers exercisable by surveyors of
ships whether by virtue of this
Act or otherwise, every surveyor
of ships is hereby empowered to go
on board any ship to which the
Convention of 1954 applies, while
the ship is within a port in
Ghana, and to require production
of any records required to be kept
in accordance with that
Convention, and to copy any entry
in those records and require the
master of the ship to certify the
copy as a true copy of the entry.
(2) For the purposes of this
section, in any proceedings under
this Act—
(a) any records kept in pursuance
of the Convention of 1954 shall be
admissible as evidence of the
facts stated in those records;
(b) any copy of any entry in such
records, which is certified by the
master of the ship 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
records kept in pursuance of the
Convention of 1954, or purporting
to be such a certified copy as is
mentioned in the last preceding
paragraph, shall, unless the
contrary is proved, be presumed to
be such records or such a
certified copy, as the case may
be.
(3) If any person fails to comply
with any requirement of this
section, he shall be liable on
summary conviction to a fine not
exceeding ten pounds; and if any
person wilfully obstructs a
surveyor acting in the exercise of
a power conferred under this
section, he shall be liable on
summary conviction to a fine not
exceeding one hundred pounds.
(4) The preceding provisions of
this section shall apply to any
subsequent Convention, in so far
as it relates to the prevention of
pollution of the sea by oil, as
those provisions apply to the
Convention of 1954.
Section 21—Interpretation.
(1) In this Act the following
expressions have the meanings
hereby assigned to them
respectively, that is to say—
"Authority" in relation to a port
means an Authority constituted
under section 3 of the Ports Act,
1962 (Act 115);
"barge" includes a lighter or any
similar vessel;
"discharged" in relation to oil or
an oily mixture means any
discharge or escape however
caused;
"harbour master" includes any
person appointed by an Authority
for the purpose of enforcing the
provisions of this Act in relation
to the harbour;
"heavy diesel oil" means marine
diesel oil, other than those
distillates of which more than
half the volume distils at a
temperature not exceeding 340º
Centigrade when tested by the
A.S.T.M. (American Society for
Testing Materials) Standard Method
D.86/59;
"mile" means nautical mile, that
is to say, a distance of six
thousand and eighty feet;
"the Minister" means the Minister
responsible for shipping;
"oil" means oil of any description
and includes spirit produced from
oil of any description, and also
includes coal tar, and any power
conferred by any provision of this
Act to prescribe descriptions of
oil for the purposes of that
provision shall be construed
accordingly;
"oil reception facilities" has the
meaning assigned to it by section
11 of this Act;
"oil residues" means any waste
material consisting of, or arising
from, oil or a mixture containing
oil;
"outside the territorial waters in
Ghana" means outside the seaward
limits of those waters;
"place on land" has the meaning
assigned to it by section 3 of
this Act.
"port" has the meaning assigned to
it by the Ports Act, 1962 (Act
115);
"prescribed" means prescribed by
regulations made by legislative
instrument under this Act;
"sea" includes any estuary or arm
of the sea;
''subsequent convention" has the
meaning assigned to it by section
1 of this Act;
"territorial waters" in relation
to Ghana has the meaning assigned
to it by the Territorial Waters
and Continental Shelf Act, 1963
(Act 175); and
"transfer" in relation to oil
means transfer in bulk.
(2) Subject to the preceding
subsection expressions used in
this Act and in the Merchant
Shipping Act, 1963, have the same
meanings in this Act as in that
Act.
Section 22—Revocation.
Regulation No. 6 of 1931 entitled
"Harbours (Discharge of Oil
Prohibition) Regulations is hereby
revoked.
FIRST SCHEDULE
PROHIBITED ZONES
1. The prohibited zones shall be
all sea areas within 50 miles from
land and outside the territorial
waters of Ghana with the following
exceptions:—
(a) The North Sea Zone. This zone
shall extend for a distance of 100
miles from the coasts of the
following countries:
Belgium,
Denmark,
the Federal Republic of Germany,
the Netherlands,
the United Kingdom of Great
Britain and Northern Ireland,
but not beyond the point where the
limit for a 100-mile zone off the
west coast of Jutland intersects
the limit of the 50-mile zone off
the coast of Norway.
(b) The Atlantic Zone. This zone
shall comprise the sea area—
(i)
within a line drawn from a point
on the Greenwich meridian 100
miles in a north-north-easterly
direction from the Shetland
Islands; thence northwards along
the Greenwich meridian to latitude
64º north; thence westwards along
the 64th parallel to longitude 10º
west; thence to latitude 60º
north, longitude 14º west; thence
to latitude 54º 30' north,
longitude 30º west; thence to
latitude 44º 20' north, longitude
30º west; thence to latitude 48º
north, longitude 14º west; thence
eastward along the 48th parallel
to a point of intersection with
the 50-mile zone off the coast of
France:
Provided that in relation to
voyages which do not extend
seawards beyond the Atlantic Zone
as defined above, and which are to
ports not provided with adequate
facilities for the reception of
oily residue, the Atlantic Zone
shall be deemed to terminate at a
distance of 100 miles from land.
(ii) The sea area within 100 miles
from land on the Atlantic coast of
Canada.
(c) The Australian Zone shall
extend for a distance of 150 miles
from the nearest land along the
coasts of Australia, except off
the north and west coasts of the
Australian mainland between the
point opposite Thursday Island and
the point on the west coast at 20º
south latitude.
SECOND SCHEDULE
Section 7
PART I
ACCIDENTAL AND OTHER EXCEPTIONAL
DISCHARGES OR ESCAPES OF OIL
1. Date and time of occurrence
. . . . .
. . . .
. . . . .
2. Place or position of ship at
time of occurrence .
. . . .
. . . . .
3. Approximate quantity and type
of oil . . .
. . . .
. . . . .
4. Circumstances of discharge or
escape and general remarks .
. . . .
. .
5. Signature of Officer or
Officers in charge of the
operations concerned .
. . .
6. Date of entry . . .
. . . .
. . . .
. . . .
. . .
7. Signature of Master .
. . . .
. . . .
. . . .
. . .
8. Date . . .
. . . .
. . . .
. . . .
. . . . .
PART II
DATE OF ENTRY
A.
Ballasting of and Discharge of
Ballast from Cargo Tanks
1. Identity number(s) of tank(s)
concerned . .
. . . . .
. . .
2. Type of oil previously
contained in tank(s) .
. . . .
. . . . .
3. Date and place of ballasting .
. . . .
. . . .
. . . . .
4. Date and time of discharge of
ballast water . .
. . . . .
. . .
5. Place or position of ship at
time of discharge . .
. . . . .
. . .
6. Approximate amount of
oil-contaminated water transferred
to slop tank(s). . . .
7. Identity number(s) of slop
tank(s) . . .
. . . .
. . . . .
B.
Cleaning of Cargo Tanks
8. Identity number(s) of tank(s)
cleaned. . .
. . . .
. . . . .
9. Type of oil previously
contained in tank(s) .
. . . .
. . . . .
10. Identity number(s) of slop
tank(s) to which washings
transferred. . .
. . .
11. Dates and times of cleaning .
. . . .
. . . .
. . . . .
C.
Settling in Slop Tank(s) and
Discharge of Water
12. Identity number(s) of slop
tank(s) . . .
. . . .
. . . . .
13. Period of settling (in hours)
. . . . .
. . . .
. . . . .
14. Date and time of discharge of
water . . .
. . . .
. . . . .
15. Place or position of
ship . . .
. . . .
. . . .
. . .
16. Approximate quantities of
residue . . . .
. . .
. . . . .
17. Approximate quantities of
water discharged . .
. . . . .
. . .
D.
Disposal of Oily Residues from
Slop Tank(s) and other sources
18. Date and method of disposal .
. . . .
. . . .
. . . . .
19. Place or position of ship at
time of disposal .
. . . .
. . . . .
20. Sources and approximate
quantities . . .
. . . .
. . . . .
............................................................................................................
Signature of officer or officers
in charge of the operations
concerned
PART III
(a) Ballasting, or Cleaning during
Voyage, of Bunker Fuel Tanks
1. Identity number(s) of tank(s)
concerned ..
.. ..
.. ..
2. Type of oil previously
contained in tank(s)
.. ..
..
.. ..
3. Date and place of
ballasting
.. ..
.. ..
..
Signature of Officer in charge of
operations and date of
entry............................................
Signature of Master and date..............................................................................................
4. Date and time of discharge of
ballast or washing
water
.. ..
..
5. Place or position of ship at
time of disposal
..
.. ..
..
6. Whether separator used; if so,
give period of use
..
..
.. ..
7. Disposal of oily residue
retained on board.....................................................................
Signature of Officer in charge of
operations and date of
entry..............................................
Signature of Master and date..
..
.......................................................................................
(b) Disposal of Oily Residues from
Bunker Fuel Tanks and other
sources
8. Date and method of disposal
.. ..
.. ..
.. ..
9. Place or position of ship at
time of disposal ..
.. ..
.. ..
10. Sources and approximate
quantities
...............................................................................
Signature of officer in charge of
the operations and date of
entry……..............................................
Signature of Master and Date
...........................................................................................
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