Western Australia: Pollution of Waters by Oil and Noxious Substances Act 1987 (WA)

Western Australia Pollution of Waters by Oil and Noxious Substances Act 1987 Western Australia Pollution of Waters by Oil and Noxious Substances Act 1987 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Crown bound 5 5. Saving of other laws 6 6. Delegation by Minister and harbour masters 6 Part II — Pollution by oil 7. Terms used 7 8. Discharge of oil etc. into State waters, offence 7 9. Discharge of oil etc. into State waters during transfer operation, offence 13 10. Discharge of oil residues into State waters, offence 13 11. Certain incidents involving oil or oily mixture on ship to be reported 14 12. Discharge of oil or oily mixture from land to be reported 16 13. Oil record book, duty of ships to carry etc. 17 14. Oil record book, false entries in 18 15. Oil record book to be retained 18 Part III — Pollution by noxious substances 16. Terms used 20 17. Application of Act to mixture of oil and liquid substance 20 18. Annex II Appendix II, designation of liquid substances for; categories of liquid substances 20 19. Annex II Appendix III, designation of liquid substances for 21 20. Discharge of liquid substances etc. into State waters, offence 21 21. Certain liquid substances to be treated as oil 29 22. Certain incidents involving certain substances on ship to be reported 31 23. Cargo record book, duty of ships to carry etc. 33 24. Cargo record book, false entries in 34 25. Cargo record book to be retained 34 26. Cleaning of ships' tanks, regulations about 36 Part IV — Miscellaneous 27. Pollution by oil etc., powers to deal with etc. 37 28. Pollution by liquid substances, powers to deal with etc. 38 29. Inspectors' powers 40 30. Prosecutions, no time limit for 42 31. Summonses, service of 42 32. Evidentiary provisions 42 33. Analysts, appointment, evidence of 43 34. Inspectors, protection of from liability 43 35. Regulations 44 36. Orders made under regulations, general provisions about 45 37. Prescribing matters by reference to other instruments 46 38. Repeal and saving 46 Schedule 1 — 1973 Convention Schedule 2 — 1978 Protocol Schedule 3 — 1984 amendments to annex to Protocol Schedule 4 — 1985 amendments to annex to Protocol Schedule 5 — 1985 amendments to Protocol I Notes Compilation table 302 Other notes 303 Defined terms Western Australia Pollution of Waters by Oil and Noxious Substances Act 1987 An Act relating to the protection of the sea and certain waters from pollution by oil and other noxious substances discharged from ships and places on land and for related purposes. Part I — Preliminary 1. Short title This Act may be cited as the Pollution of Waters by Oil and Noxious Substances Act 1987. 2. Commencement The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Terms used (1) In this Act unless the contrary intention appears — 1973 Convention means the International Convention for the Prevention of Pollution from Ships, 1973 as corrected by the Proces‑Verbal of Rectification dated 13 June 1978 (a copy of the English text of which, apart from Annexes III, IV and V, as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention; 1978 Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (a copy of the English text of which, apart from Annexes III, IV and V to it, is set out in Schedule 2) as affected by — (a) the amendments to the annex to the Protocol adopted on 7 September 1984 (a copy of the English text of which amendments is set out in Schedule 3); and (b) the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the annex of the Protocol is set out in Schedule 4 and a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5); and (c) any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol; Australian ship means — (a) a ship registered in Australia; or (b) an unregistered ship having Australian nationality; Convention means the 1973 Convention as modified and added to by the 1978 Protocol; harbour master means a harbour master appointed under section 4 of the Shipping and Pilotage Act 1967 or section 102 of the Port Authorities Act 1999 for a port and also means a person for the time being carrying out the duties of such a harbour master during his absence, illness or incapacity; inspector means — (a) a person who is an inspector for the purposes of the Western Australian Marine Act 1982; or (b) a person who is appointed in writing by the Minister to be an inspector for the purposes of this Act; or (c) a harbour master; or (d) a police office; master in relation to a ship, means a person, other than a pilot, having command or charge of the ship; occupier means — (a) in relation to a place on land, the person by whom or on whose behalf the place is actually occupied or if there is no such person the person entitled to possession of the place; and (b) in relation to a vehicle, the person in charge or the owner of the vehicle, but not the occupier of the land on or over which the vehicle stands or moves; and (c) in relation to a place on land being a pipeline, the person who undertakes the carriage of oil or an oily mixture by means of the pipeline; place on land includes — (a) any structure or apparatus on land; and (b) any thing or vehicle resting on or moving over land; and (c) anything resting on or lying under the bed, banks or shores of any State waters; and (d) anything afloat (other than a ship) if it is anchored or attached to the bed, bank or shore of any State waters or is used in any operation for the exploration of the sea‑bed or subsoil beneath any State waters or for the exploitation of the natural resources of that sea‑bed or subsoil; pleasure vessel has the same meaning as in the Western Australian Marine Act 1982; port authority means a port authority established under the Port Authorities Act 1999; State waters means — (a) the territorial sea adjacent to the State; and (b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and (c) waters within the limits of the State; this Act includes the regulations and orders made in pursuance of the regulations; Tonnage Convention has the meaning given in the Navigation Act 2012 (Commonwealth) section 14(1); trading ship has the meaning given in the Shipping Registration Act 1981 (Commonwealth) section 3(1). (2) A reference in a section of this Act to a prescribed officer shall be read as a reference to the person for the time being occupying, or performing the duties of, an office in the Department or public authority of the State that deals with matters arising under that section, being an office that is prescribed for the purposes of that section. (3) Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention, otherwise than in an annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention. [(4) deleted] (5) A discharge of oil or of an oily mixture or of a liquid substance or a mixture containing a liquid substance onto or into any land or waters, or any structure or thing, having the result that the whole or any part of the oil or oily mixture or liquid substance or mixture containing a liquid substance eventually enters any State waters, is for the purposes of this Act deemed to be a discharge into those State waters of the oil or oily mixture or liquid substance or mixture containing a liquid substance. (6) Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons. [Section 3 amended: No. 46 of 1993 s. 46; No. 71 of 2003 s. 11; No. 24 of 2023 s. 110.] 4. Crown bound (1) This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence. (3) Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence. 5. Saving of other laws This Act shall be read and construed as being in addition to and not in derogation of any other law of the State. 6. Delegation by Minister and harbour masters (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act, other than this power of delegation. (2) A harbour master may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers as an inspector under this Act, other than this power of delegation. (3) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or a harbour master, as the case may require. (4) Without limiting subsection (1), a delegation under that subsection may be made to a port authority and, in that case, the port authority is authorised to exercise the power or powers so delegated. [Section 6 amended: No. 71 of 2003 s. 12.] Part II — Pollution by oil 7. Terms used Except in so far as the contrary intention appears, an expression that is used in this Part or in section 27 and in Annex I to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part and in section 27, the same meaning as in that Annex. 8. Discharge of oil etc. into State waters, offence (1) Subject to subsections (4) and (6), if any discharge of oil or of an oily mixture occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the offender is a natural person — $50 000; or (b) if the offender is a body corporate — $250 000. (2) If any discharge of oil or of an oily mixture occurs from a place on land into State waters, the occupier of that land is guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the offender is a natural person — $50 000; or (b) if the offender is a body corporate — $250 000. (3) If any discharge of oil or of an oily mixture into State waters occurs from any apparatus used for transferring oil or an oily mixture from or to any ship, whether to or from a place on land or to or from another ship, the person in charge of the apparatus is guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the offender is a natural person — $50 000; or (b) if the offender is a body corporate — $250 000. (4) Subsection (1) does not apply to the discharge of oil or of an oily mixture from a ship — (a) for the purpose of securing the safety of a ship or saving life at sea; or (b) if the oil or oily mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of oil or oily mixture, as the case may be; or (c) in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer. (5) For the purposes of subsection (4), damage to a ship or to its equipment shall be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship — (a) acted with intent to cause the damage; or (b) acted recklessly and with knowledge that damage would probably result. (6) Without limiting the generality of subsection (4) but subject to subsection (7), subsection (1) does not apply to — (a) the discharge from an oil tanker of oil or an oily mixture, not being oil or an oily mixture of the kind referred to in paragraph (c), if the following conditions are satisfied — (i) the oil tanker is not within a special area and is more than 50 nautical miles from the nearest land; (ii) the oil tanker is proceeding en route; (iii) the instantaneous rate of discharge of oil content does not exceed 60 L per nautical mile; (iv) the total quantity of oil discharged into the waters does not exceed — (A) in the case of an oil tanker that is an existing tanker — one part in 15 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; or (B) in the case of an oil tanker that is a new tanker — one part in 30 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; (v) the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made under the Navigation Act 2012 (Commonwealth) section 340; or (b) the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of oil or an oily mixture if the following conditions are satisfied — (i) the ship is not within a special area and is more than 12 nautical miles from the nearest land; (ii) the ship is proceeding en route; (iii) the oil content of the effluent is less than 100 parts in 1 000 000 parts; (iv) the ship has in operation an oil discharge monitoring and control system, oily‑water separating equipment, oil filtering equipment or other installation as required by regulations made under the Navigation Act 2012 (Commonwealth) section 340; or (c) the discharge from an oil tanker of oil or an oily mixture, being oil or an oily mixture that is from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (b) are satisfied in relation to the discharge; or (d) the discharge from an oil tanker, or another ship that has a gross tonnage of 400 or more, of an unprocessed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied — (i) the ship is not within a special area; (ii) the oil content of the unprocessed oily mixture without dilution is not more than 15 parts in 1 000 000 parts; or (e) the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of a processed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied — (i) the ship is not within a special area; (ii) the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts; (iii) the ship has in operation oil filtering equipment as required by regulations made under the Navigation Act 2012 (Commonwealth) section 340; or (f) the discharge from an oil tanker of a processed oily mixture, being a processed oily mixture that originates from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (e) are satisfied in relation to the discharge; or (g) the discharge within a special area from an oil tanker, or another ship that has a gross tonnage of 400 or more, of processed bilge water from machinery spaces, not being bilge water that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied — (i) the ship is proceeding en route; (ii) the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts; (iii) the ship has in operation oil filtering equipment as required by regulations made under the Navigation Act 2012 (Commonwealth) section 340; (iv) the oil filtering equipment is equipped with a stopping device that automatically prevents any discharge of effluent when the oil content of the effluent without dilution is more than 15 parts in 1 000 000 parts; or (h) the discharge within a special area from a ship that has a gross tonnage of less than 400 and is not an oil tanker of oil or an oily mixture if — (i) the oil content of the effluent without dilution is less than 15 parts in 1 000 000 parts; or (ii) the following conditions are satisfied — (A) the ship is proceeding en route; (B) the oil content of the effluent is less than 100 parts in 1 000 000; (C) the discharge is made as far as practicable from land and is not less than 12 nautical miles from the nearest land; or (i) the discharge, not being a discharge within a special area, from a ship that has a gross tonnage of less than 400 and is not an oil tanker of an oily mixture that without dilution has an oil content not exceeding 15 parts in 1 000 000 parts; or (j) the discharge from a ship of clean or segregated ballast. (7) A reference to an oily mixture in subsection (6) shall be read as not including a reference to an oily mixture that contains — (a) chemicals or other substances in quantities or concentrations that are hazardous to the marine environment; or (b) chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of subsection (1) to the discharge of an oily mixture from a ship. (8) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of oil or of an oily mixture occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (4) or (6), subsection (1) does not apply in relation to the discharge. (9) Where a person is charged as the occupier of a place on land with an offence against subsection (2), or as the person in charge of any apparatus with an offence against subsection (3), it is a defence to the charge if the person proves that the escape of the oil or oily mixture was due to accident which could not have been avoided, foreseen or anticipated and that all reasonable precautions were taken for the prompt discovery of the escape of the oil or oily mixture and thereafter for preventing or reducing the escape of the oil or oily mixture. [Section 8 amended: No. 24 of 2023 s. 111.] 9. Discharge of oil etc. into State waters during transfer operation, offence (1) In this section, transfer operation means any operation that is involved in the preparation for, or in the commencement, carrying on or termination of, a transfer of oil or of an oily mixture to or from a ship or a place on land. (2) Where a discharge of oil or of an oily mixture into any State waters occurs by reason of a wrongful or negligent act or omission in a transfer operation, if that act or omission — (a) occurred in a ship, the owner and the master of the ship each commits an offence; or (b) occurred in a place on land, the occupier of that place commits an offence; or (c) related to any apparatus used for transferring oil or an oily mixture to or from a ship, the person in charge of the apparatus commits an offence. Penalty: If the offender is a natural person, $50 000 and if the offender is a body corporate, $250 000. (3) Nothing in this section affects the operation of section 8. 10. Discharge of oil residues into State waters, offence (1) Subject to subsection (2), if any oil residues that cannot be discharged from a ship into State waters without the commission of an offence against section 8(1) are not retained on board the ship while the ship is in State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the offender is a natural person — $50 000; or (b) if the offender is a body corporate — $250 000. (2) Oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 12 of Annex I to the Convention. 11. Certain incidents involving oil or oily mixture on ship to be reported (1) Where a prescribed incident occurs in State waters in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident. Penalty: $5 000. (2) In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident. (3) Where a prescribed incident occurs in State waters in relation to a ship and — (a) the master of the ship is unable to comply with subsection (1) in relation to the incident; or (b) the incident occurs in circumstances in which the ship is abandoned, the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident and, if a prescribed officer is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding — (aa) if the offender is a natural person — $5 000; or (bb) if the offender is a body corporate — $25 000. (4) In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves — (a) that the person was not aware of the incident; or (b) in the case of a prescribed incident to which subsection (3)(a) applies, that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident. (5) Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3). (6) A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form. Penalty: $5 000. (7) Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form. Penalty: $5 000. (8) A person shall not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer pursuant to subsection (6) or (7), make a statement that is false or misleading in a material particular. Penalty: $5 000. (9) A notice given to a prescribed officer pursuant to subsection (1) or (3), and a report furnished to a prescribed officer pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8(1). (10) In this section, prescribed incident, in relation to a ship, means — (a) a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(6) applies; or (b) an incident involving the probability of a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(6) would apply. 12. Discharge of oil or oily mixture from land to be reported (1) If any discharge of oil or of an oily mixture occurs from a place on land into State waters, the occupier of the place shall without delay, notify, in the prescribed manner, a prescribed officer of the occurrence. Penalty: $5 000. (2) Where, in compliance with subsection (1), the occupier of a place on land has notified a prescribed officer of the occurrence of a discharge, he shall, if so requested by a prescribed officer furnish, within the prescribed time, a report in relation to the discharge in accordance with the prescribed form to a prescribed officer. Penalty: $5 000. (3) A person shall not, in a notice given to a prescribed officer in pursuance of subsection (1) or in a report furnished to a prescribed officer in pursuance of a request made under subsection (2), make a statement that is false or misleading in a material particular. Penalty: $5 000. (4) A notice given to a prescribed officer in pursuance of subsection (1), and a report furnished to a prescribed officer in pursuance of a request made under subsection (2), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8(2) or 9(2). 13. Oil record book, duty of ships to carry etc. (1) This section applies to a ship that is in State waters and — (a) is an oil tanker; or (b) has a gross tonnage of 400 or more and is not an oil tanker. (2) Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship. (3) An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (6), in relation to each entry made in it and for a signature, in accordance with subsection (7), in relation to each page of it. (4) If a ship to which this section applies does not carry an oil record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the offender is a natural person — $5 000; or (b) if the offender is a body corporate — $25 000. (5) Whenever a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in, the ship's oil record book, being entries in accordance with subsection (6). Penalty: $5 000. (6) An entry in a ship's oil record book — (a) shall be made in the English language; and (b) shall be signed by the master of the ship and, in the case of an entry made in relation to a prescribed operation, by the officer or other person in charge of the operation. (7) Where a page of a ship's oil record book is completed, the master of the ship shall, without delay, sign the page. Penalty: $5 000. [Section 13 amended: No. 24 of 2023 s. 112.] 14. Oil record book, false entries in A person shall not make, in an oil record book of a ship to which section 13 applies, an entry that is false or misleading in a material particular. Penalty: $10 000. 15. Oil record book to be retained (1) The owner of a ship to which section 13 applies shall cause each of the ship's oil record books to be retained — (a) in the ship; or (b) at the registered office in the State of the owner, until the expiration of the period of 3 years after the day on which the last entry was made in the book and to be readily available for inspection at all reasonable times. (2) Where an oil record book of a ship is not retained in accordance with subsection (1), the owner of the ship is guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the owner is a natural person — $5 000; or (b) if the owner is a body corporate — $25 000. (3) The owner of a ship to which section 13 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of — (a) the place in the State at which he so resides; or (b) his office in the State, or, if he has more than one office in the State, his principal office in the State; or (c) the office or place of residence in the State of his agent or, if his agent has more than one office in the State, the principal office in the State of his agent, and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (1). (4) Where the owner of a ship to which section 13 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit an oil record book of the ship with a prescribed officer and, while the book is so deposited, the book shall, for the purposes of subsection (1), be deemed to be retained at the registered office in the State of the owner. Part III — Pollution by noxious substances 16. Terms used (1) In this Part and in section 28 — Annex II means Annex II to the Convention; liquid substance does not include oil; mixture includes ballast water, tank washings and other residues; oil has the same meaning as it has in Part II. (2) Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex II (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 17. Application of Act to mixture of oil and liquid substance Where a mixture contains oil and a liquid substance or oil and liquid substances, Part II and this Part apply in relation to the mixture. 18. Annex II Appendix II, designation of liquid substances for; categories of liquid substances (1) The regulations may declare that a liquid substance specified in the regulations shall, for the purposes of this Act, be deemed to be designated in Appendix II to Annex II and to be categorized in a category specified in the regulations, being Category A, B, C or D. (2) Where, in accordance with subsection (1), the regulations declare that a liquid substance shall be deemed to be designated in Appendix II to Annex II and to be categorized in Category A, the regulations shall declare that, for the purposes of this Act — (a) a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column III of that Appendix; and (b) a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column IV of that Appendix. (3) The regulations may declare that a liquid substance designated in Appendix II to Annex II shall, for the purposes of this Act, be deemed not to be so designated. (4) The regulations may declare that a liquid substance designated in Appendix II to Annex II and categorized in a particular category shall, for the purposes of this Act, be deemed not to be so categorized but to be categorized in a category specified in the regulations. 19. Annex II Appendix III, designation of liquid substances for (1) The regulations may declare that a liquid substance specified in the regulations shall, for the purposes of this Act, be deemed to be listed in Appendix III to Annex II. (2) The regulations may declare that a liquid substance listed in Appendix III to Annex II shall, for the purposes of this Act, be deemed not to be so listed. 20. Discharge of liquid substances etc. into State waters, offence (1) Subject to subsection (2) and subsections (4) to (12) (inclusive), if any discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the offender is a natural person — $50 000; or (b) if the offender is a body corporate — $250 000. (2) Subsection (1) does not apply to the discharge of a liquid substance or a mixture from a ship — (a) for the purpose of securing the safety of a ship or saving life at sea; or (b) if the substance or the mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of the substance or the mixture, as the case may be; or (c) if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer. (3) For the purposes of subsection (2), damage to a ship or to its equipment shall be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship — (a) acted with intent to cause the damage; or (b) acted recklessly and with knowledge that damage would probably result. (4) Without limiting the generality of subsection (2), (5) or (12) but subject to subsection (13), where — (a) the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been cleaned in accordance with regulations made under section 26; and (b) the resulting residues in the tank have been discharged to a reception facility until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in column III of Appendix II to Annex II and until the tank is empty; and (c) the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water, subsection (1) does not apply to the discharge from the ship of the water containing that residue if the following conditions are satisfied — (d) the discharge is made when the ship is not within a special area; and (e) the discharge is made when the ship is proceeding en route at a speed of — (i) where the ship is self‑propelled, at least 7 knots; or (ii) where the ship is not self‑propelled, at least 4 knots; and (f) the discharge is made below the water line of the ship taking into account the location of the sea‑water intakes; and (g) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and is in a depth of water of not less than 25 m. (5) Without limiting the generality of subsection (2), (4) or (12) but subject to subsection (13), where — (a) the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been washed in accordance with regulations made under section 26; and (b) the resulting residues in the tank have been discharged to a reception facility provided in accordance with Regulation 7 of Annex II by a State bordering a special area until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in column IV of Appendix II to Annex II and until the tank is empty; and (c) the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water, subsection (1) does not apply to the discharge into State waters of the water containing that residue if the conditions specified in subsection (4)(e), (f) and (g) are satisfied in relation to the discharge from the ship. (6) Without limiting the generality of subsection (2), (7) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of — (a) a substance in Category B; or (b) a mixture containing a substance in Category B, not being a mixture containing a substance in Category A, if the following conditions are satisfied — (c) the discharge is made when the ship is not within a special area; and (d) the discharge is made when the ship is proceeding en route at a speed of — (i) where the ship is self‑propelled, at least 7 knots; or (ii) where the ship is not self‑propelled, at least 4 knots; and (e) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in Category B in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and (f) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 1 m3 or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater; and (g) the discharge is made below the water line of the ship, taking into account the location of the sea‑water intakes; and (h) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m. (7) Without limiting the generality of subsection (2), (6) or (12) but subject to subsection (13), where — (a) the tank of a ship that held — (i) a substance in Category B; or (ii) a mixture containing a substance in Category B, not being a mixture containing a substance in Category A, has been pre‑washed in accordance with a procedure approved by a prescribed officer; and (b) the resulting tank washings have been discharged to a reception facility, subsection (1) does not apply to the discharge from the ship of the residue in that tank if the conditions specified in of subsection (6)(d), (e), (g) and (h) are satisfied in relation to the discharge from the ship. (8) Without limiting the generality of subsection (2), (9) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of — (a) a substance in Category C; or (b) a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B, if the following conditions are satisfied — (c) the discharge is made when the ship is not within a special area; and (d) the discharge is made when the ship is proceeding en route at a speed of — (i) where the ship is self‑propelled, at least 7 knots; or (ii) where the ship is not self‑propelled, at least 4 knots; and (e) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 10 parts in 1 000 000 parts; and (f) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 3 m3 or 1 part in 1 000 parts of the tank capacity in cubic metres, whichever is the greater; and (g) the discharge is made below the water line of the ship, taking into account the location of the sea‑water intakes; and (h) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m. (9) Without limiting the generality of subsection (2), (8) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of — (a) a substance in Category C; or (b) a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B, if the following conditions are satisfied — (c) the discharge is made when the ship is proceeding en route at a speed of — (i) where the ship is self‑propelled, at least 7 knots; or (ii) where the ship is not self‑propelled, at least 4 knots; and (d) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and (e) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (d), not being a quantity exceeding 1 m3 or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater; and (f) the discharge is made below the water line of the ship, taking into account the location of the sea‑water intakes; and (g) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m. (10) Without limiting the generality of subsection (2) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of — (a) a substance in Category D; or (b) a mixture containing a substance in Category D, not being a mixture containing a substance in Category A, B or C, if the following conditions are satisfied — (c) the discharge is made when the ship is proceeding en route at a speed of — (i) where the ship is self‑propelled, at least 7 knots; or (ii) where the ship is not self‑propelled, at least 4 knots; and (d) the substance or mixture has been mixed with water so that the concentration of the substance in Category D in the effluent does not exceed 1 part in 11 parts; and (e) the discharge occurs when the ship is not less than 12 nautical miles from the nearest land. (11) Without limiting the generality of subsection (2), subsection (1) does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de‑ballasting operations, that contains a liquid substance, or liquid substances, listed in Appendix III to Annex II but does not contain any other liquid substance. (12) Without limiting the generality of subsection (2) or subsections (4) to (10) (inclusive), subsection (1) does not apply to the discharge from a ship of clean ballast or segregated ballast. (13) Subsections (4) to (10) (inclusive) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance listed in Appendix III to Annex II. (14) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of a substance, or a mixture containing a substance, carried as cargo of the ship occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), (4), (5), (6), (7), (8), (9), (10), (11) or (12), subsection (1) does not apply in relation to the discharge. (15) In this section, inspector includes a surveyor appointed or authorised by the Government of a country that is a Party to the Convention for the purpose or implementing Regulation 8 of Annex II. 21. Certain liquid substances to be treated as oil (1) Notwithstanding any other provision of this Act, a prescribed substance in Category C or D, being a substance that has been identified by the Organization as an oil‑like substance under criteria developed by the Organization, may be carried on an oil tanker within the meaning of Part II if the following conditions are satisfied — (a) the oil tanker complies with the provisions of Annex I of the Convention as applicable to product carriers within the meaning of that Annex; and (b) the oil tanker carries an International Oil Pollution Prevention Certificate and its Supplement B, being a certificate that has an endorsement — (i) that indicates that the ship is permitted to carry oil‑like substances in conformity with Regulation 14 of Annex II of the Convention; and (ii) that specifies the oil‑like substance or substances that the tanker is permitted to carry; and (c) the prescribed substance is the substance, or a substance, referred to in paragraph (b)(ii); and (d) in the case of a substance in Category C — the tanker complies with the ship type 3 damage stability requirements of — (i) in the case of a tanker constructed on or after 1 July 1986 — the International Bulk Chemical Code; or (ii) in the case of a tanker constructed before 1 July 1986 — the Bulk Chemical Code applicable under Regulation 13 of Annex II of the Convention; and (e) the oil content meter in the oil discharge monitoring and control system of the tanker has been approved by an inspector for use in monitoring the oil‑like substances to be carried. (2) Where, by virtue of subsection (1), a substance is carried on an oil tanker within the meaning of Part II — (a) section 8 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part II; and (b) section 20 does not apply in relation to the discharge of the substance. 22. Certain incidents involving certain substances on ship to be reported (1) Where a prescribed incident occurs in State waters in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident. Penalty: $5 000. (2) In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident. (3) Where a prescribed incident occurs in State waters in relation to a ship and — (a) the master of the ship is unable to comply with subsection (1) in relation to the incident; or (b) the incident occurs in circumstances in which the ship is abandoned, the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident and, if a prescribed officer is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding — (aa) if the offender is a natural person — $5 000; or (bb) if the offender is a body corporate — $25 000. (4) In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves — (a) that the person was not aware of the incident; or (b) in the case of a prescribed incident to which subsection (3)(a) applies, that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident. (5) Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3). (6) A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form. Penalty: $5 000. (7) Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form. Penalty: $5 000. (8) A person shall not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer pursuant to subsection (6) or (7), make a statement that is false or misleading in a material particular. Penalty: $5 000. (9) A notice given to a prescribed officer pursuant to subsection (1) or (3), and a report furnished to a prescribed officer pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 20(1). (10) In this section — liquid substance does not include a substance listed in Appendix III to Annex II; prescribed incident, in relation to a ship, means — (a) a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 20(4), (5), (6), (7), (8), (9), (10), (11) or (12) applies; or (b) an incident involving the probability of a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 20(4), (5), (6), (7), (8), (9), (10), (11) or (12) would apply. 23. Cargo record book, duty of ships to carry etc. (1) This section applies to a trading ship in State waters that carries liquid substances in bulk. (2) A cargo record book shall be carried in every ship to which this section applies. (3) A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it. (4) Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the offender is a natural person — $5 000; or (b) if the offender is a body corporate — $25 000. (5) Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made without delay in, the ship's cargo record book, being entries in accordance with subsection (7). Penalty: $5 000. (6) Where an inspector has inspected a ship to which this section applies, he shall make, without delay, appropriate entries in the ship's cargo record book in accordance with subsection (7). (7) An entry in a ship's cargo record book — (a) shall be made in the English language; and (b) in the case of an entry made in relation to a prescribed operation, shall be signed by the officer or other person in charge of the operation. (8) Where a page of a ship's cargo record book is completed, the master of the ship shall, without delay, sign the page. Penalty: $5 000. [Section 23 amended: No. 24 of 2023 s. 113.] 24. Cargo record book, false entries in A person shall not make, in a cargo record book of a ship to which section 23 applies, an entry that is false or misleading in a material particular. Penalty: $10 000. 25. Cargo record book to be retained (1) A cargo record book of a ship to which section 23 applies shall be retained in the ship until the expiration of a period of one year after the day on which the last entry was made in the book and shall be readily available for inspection at all reasonable times. (2) Where a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the offender is a natural person — $5 000; or (b) if the offender is a body corporate — $25 000. (3) The owner of a ship to which section 23 applies shall cause each of the ship's cargo record books to be retained — (a) in the ship; or (b) at the registered office in the State of the owner, until the expiration of the period of 2 years next following the expiration of the period during which the book is required to be retained in the ship by virtue of subsection (1) and to be readily available for inspection at all reasonable times. (4) Where a cargo record book of a ship is not retained in accordance with subsection (3), the owner of the ship is guilty of an offence punishable, upon conviction, by a fine not exceeding — (a) if the owner is a natural person — $5 000; or (b) if the owner is a body corporate — $25 000. (5) The owner of a ship to which section 23 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of — (a) the place in the State at which he so resides; or (b) his office in the State or, if he has more than one office in the State, his principal office in the State; or (c) the office or place of residence in the State of his agent or, if his agent has more than one office in the State, the principal office in the State of his agent, and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (3). (6) Where the owner of a ship to which section 23 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit a cargo record book of the ship with a prescribed officer and, while the book is so deposited, the book shall, for the purposes of subsection (3), be deemed to be retained at the registered office in the State of the owner. 26. Cleaning of ships' tanks, regulations about The regulations may make provision for and in relation to giving effect to Regulation 8 of Annex II. Part IV — Miscellaneous 27. Pollution by oil etc., powers to deal with etc. (1) Where a discharge of oil or of an oily mixture occurs into State waters from — (a) a ship; or (b) a place on land; or (c) apparatus used for transferring oil or an oily mixture from or to any ship, or the appropriate authority is of the opinion that there is a probability of such a discharge occurring, the appropriate authority may take or cause to be taken such action as it thinks fit — (d) to prevent or limit the discharge; or (e) to disperse or contain the oil or oily mixture that has been so discharged; or (f) to remove any oil or oily mixture from waters or land affected by the discharge; or (g) to minimize the damage from pollution resulting from or likely to result from the discharge. (2) The appropriate authority may recover all costs and expenses incurred by it in respect of action taken by or on behalf of it under subsection (1) from — (a) the owner or master of the ship concerned; or (b) the occupier of the place concerned; or (c) the person in charge of the apparatus concerned. (3) The costs and expenses referred to in subsection (1) may — (a) be awarded in the course of proceedings for an offence in respect of the discharge, whether or not the owner, master, occupier or person is convicted of an offence; or (b) be recovered as a debt due in a court of competent jurisdiction, notwithstanding that proceedings have not been taken for an offence in respect of a discharge. (4) Nothing in this Act affects or qualifies any rights of the appropriate authority or of any other person to recover damages in respect of the consequences of any discharge from a ship or otherwise into State waters. (5) In this section appropriate authority means — (a) where the discharge occurs or is anticipated in a port under the control of a port authority — that port authority; and (b) where the discharge occurs or is anticipated elsewhere — the Minister. [Section 27 amended: No. 47 of 1993 s. 27; No. 71 of 2003 s. 13.] 28. Pollution by liquid substances, powers to deal with etc. (1) Where a discharge occurs into State waters from a ship or from transfer apparatus, or the appropriate authority is of the opinion that there is a probability of such a discharge occurring, the appropriate authority may take or cause to be taken such action as it thinks fit — (a) to prevent or limit the discharge; or (b) to disperse or contain the substance or mixture that has been discharged; or (c) to remove any liquid substance or mixture containing a liquid substance from waters or land affected by the discharge; or (d) to minimize the damage from pollution resulting from or likely to result from the discharge. (1a) In subsection (1) — discharge means a discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk; transfer apparatus means apparatus used for transferring liquid substances or mixtures containing liquid substances from or to any ship. (2) The appropriate authority may recover all costs and expenses incurred by it in respect of action taken by or on behalf of it under subsection (1) from — (a) the owner or master of the ship concerned; or (b) the person in charge of the apparatus concerned. (3) Subsection (1) does not apply to a discharge of a kind or in circumstances referred to in subsections (4) to (12) inclusive of section 20. (4) The costs and expenses referred to in subsection (1) may — (a) be awarded in the course of proceedings for an offence in respect of the discharge, whether or not the owner, master or person is convicted of an offence; or (b) be recovered as a debt due in a court of competent jurisdiction, notwithstanding that proceedings have not been taken for an offence in respect of a discharge. (5) Nothing in this Act affects or qualifies any rights of the appropriate authority or of any other person to recover damages in respect of the consequences of any discharge from a ship or otherwise into State waters. (6) In this section appropriate authority means — (a) where the discharge occurs or is anticipated in a port under the control of a port authority — that port authority; and (b) where the discharge occurs or is anticipated elsewhere — the Minister. [Section 28 amended: No. 47 of 1993 s. 28; No. 71 of 2003 s. 14.] 29. Inspectors' powers (1) For the purposes of ascertaining — (a) whether a provision of this Act that is applicable in relation to a ship has been complied with in respect of the ship; or (b) whether there has been a discharge into State waters in contravention of this Act, an inspector may — (c) go on board the ship with such assistants and equipment as he considers necessary; and (d) require the master of the ship to take such steps as the inspector directs to facilitate the boarding; and (e) inspect and test any machinery or equipment of the ship; and (f) require the master of the ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship; and (g) open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship; and (h) require the master of the ship to produce a record book required by this Act to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship; and (i) make copies of, or take extracts from, any such books, documents or records; and (j) require the master of the ship to certify that a true copy of an entry in a record book required by this Act to be carried in the ship made by the inspector is a true copy of such an entry; and (k) examine, and take samples of, any substances being in, on, or in the vicinity of a ship or place on land in respect of which an investigation of a discharge or suspected discharge in breach of a provision of this Act is being made; and (l) require the master of the ship or the occupier of the place, or any person representing the master or occupier, to certify the taking of the samples; and (m) require the testing of any apparatus in the place, the condition or efficiency of which is, in the opinion of the inspector, relevant to a discharge or suspected discharge into State waters in breach of a provision of this Act; and (n) require a person to answer questions. (2) For the purposes of investigating a discharge or suspected discharge into State waters in contravention of a provision of this Act, an inspector may enter and inspect any place on land. (3) A person shall not — (a) without reasonable excuse, hinder or obstruct or refuse or fail to comply with a requirement made of him by, an inspector in the exercise of his powers under subsection (1) or (2); or (b) in answer to a question that he is required to answer under subsection (1), make a statement that is false or misleading in a material particular. Penalty: $2 000. (4) An inspector shall not, in exercising his powers under subsection (1), unnecessarily delay a ship from beginning a voyage. 30. Prosecutions, no time limit for (1) A prosecution for an offence against this Act may be brought at any time. (2) No proceedings in respect of an offence against this Act may be brought except by or with the consent of the Attorney General or by a prescribed officer. 31. Summonses, service of (1) Notwithstanding section 56 of the Criminal Procedure Act 2004, any summons to be served on the owner or master of a ship in respect of an offence against this Act may be served by serving it on the agent of the ship in any manner in which it might have been served on the owner or master under that section. (2) A summons served on an agent of a ship pursuant to subsection (1) shall be deemed to have been served on the owner or master of the ship. [Section 31 amended: No. 49 of 1997 s. 5; No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.] 32. Evidentiary provisions In any proceedings for an offence against a provision of this Act — (a) any record kept in pursuance of this Act is admissible as prima facie evidence of the facts stated in the record; and (b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and (c) a document purporting to be a record kept in pursuance of this Act, or purporting to be such a certified copy as referred to in paragraph (b), shall, unless the contrary is proved, be deemed to be such a record or certified copy, as the case may be. 33. Analysts, appointment, evidence of (1) The Minister may, by instrument signed by him, appoint appropriately qualified persons to be analysts for the purposes of this Act. (2) Subject to subsection (4), a certificate of an analyst appointed under subsection (1) stating that he has analysed or examined a substance and stating the result of his analysis or examination is admissible in evidence in any proceeding for an offence against a provision of this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination. (3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is proved, be deemed to be such a certificate. (4) A certificate referred to in subsection (2) shall not be received in evidence in pursuance of that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings. (5) Where, in pursuance of subsection (2), a certificate of an analyst appointed under subsection (1) is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he had given evidence of the matters stated in the certificate. 34. Inspectors, protection of from liability No liability shall attach to an inspector, or any person acting with the authority or on the direction of an inspector, in good faith and in the exercise or purported exercise of a power or in the discharge or purported discharge of a duty under this Act. 35. Regulations The Governor may make regulations prescribing matters — (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular — (aa) for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and (bb) empowering the Minister to make orders for and in relation to