Merchant Shipping Act 1995

131 Discharge of oil from ships into certain United Kingdom waters. U.K.

[F1 (A1) In this section “relevant discharge” means—

(a) a discharge of oil or a mixture containing oil which is made—

(i) from a ship which is an offshore installation, and

(ii) into United Kingdom national waters which are navigable by sea-going ships, or

(b) a discharge of oil or a mixture containing oil which is made—

(i) from a ship which is not an offshore installation, and

(ii) into United Kingdom national waters which are navigable by sea-going ships but which do not form part of the sea.]

(1) [F2 If there is a relevant discharge], subject to the following provisions of this Chapter, the following shall be guilty of an offence, that is to say—

(a) F3 ...the owner or master of the ship, unless he proves that the discharge took place and was caused as mentioned in paragraph (b) below;

(b) if the discharge [F4 from the ship] takes place in the course of a transfer of oil to or from another ship or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other ship or that place, the owner or master of that other ship or, as the case may be, the occupier of that place.

(2) Subsection (1) above does not apply to any discharge [F5 from an offshore installation] which—

(a) is made into the sea; and

(b) is of a kind or is made in circumstances for the time being prescribed by regulations made by the Secretary of State.

(3) A person guilty of an offence under this section shall be liable[F6 —

(a) on summary conviction, to a fine not exceeding [F7 £250,000];

(b) on conviction on indictment, to a fine]

[F6 on summary conviction, or on conviction on indictment, to a fine].

[F8 (3A) In this section “offshore installation” means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources.]

(4) In this section “sea” includes any estuary or arm of the sea.

(5) In this section “place on land” includes anything resting on the bed or shore of the sea, or of any other waters included in United Kingdom national waters, and also includes anything afloat (other than a ship) if it is anchored or attached to the bed or shore of the sea or any such waters.

(6) In this section “occupier”, in relation to any such thing as is mentioned in subsection (5) above, if it has no occupier, means the owner thereof.

Textual Amendments

F1 S. 131(A1) inserted (1.7.2009) by The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regs. 1, 3(2) (with reg. 6)

F2 Words in s. 131(1) substituted (1.7.2009) by The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regs. 1, 3(3)(a) (with reg. 6)

F3 Words in s. 131(1)(a) omitted (1.7.2009) by virtue of The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regs. 1, 3(3)(b) (with reg. 6)

F4 Words in s. 131(1)(b) substituted (1.7.2009) by The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regs. 1, 3(3)(c) (with reg. 6)

F5 Words in s. 131(2) inserted (1.7.2009) by The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regs. 1, 3(4) (with reg. 6)

F6 Words in s. 131(3) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 27(9) (with reg. 5(1))

F7 Sum in s. 131(3)(a) substituted (17.7.1997) by 1997 c. 28, s. 7(1)(2) (with s. 7(5)); S.I. 1997/1539, art. 2, Sch.

F8 S. 131(3A) inserted (1.7.2009) by The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regs. 1, 3(5) (with reg. 6)

Modifications etc. (not altering text)

C1 S. 131(3) applied (28.2.1996) by S.I. 1996/282, art. 3

S. 131(3) applied (1.7.1998) by S.I. 1998/1377, reg. 14(2)

C2 S. 131(3) applied (1.7.2009) by S.I. 1996/3010, reg. 14(1ZA) (as inserted by The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regs. 1, 5(a))

C3 S. 131(3) applied (1.7.2009) by S.I. 1996/2154, reg. 36A(1)(2) (as inserted by The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regs. 1, 4(13))

C4 S. 131(3) applied (with modifications) (12.12.2006) by The Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006 (S.I. 2006/2950), arts. 1, 6 (as amended (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 71 (with reg. 5(1)))