Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)5. Prevention or removal of pollution of the sea by harmful substances |
| (1) | If in the opinion of the Authority a harmful substance is likely to be discharged from a ship or a tanker, it may take such measures, including the destruction, burning or disposal in any other manner of the harmful substance in such ship or tanker, as it may deem fit to guard against or to prevent pollution of the sea by such harmful substance. |
[Section 5(1) substituted by section 2(2) (item 57(a) Sch) of Act No. 5 of 1998]
| (2) | If any harmful substance is discharged from a ship or a tanker the Authority may cause any pollution of the sea caused thereby to be removed. |
| (3) | If the Authority takes measures under subsection (1) or causes any pollution to be removed under subsection (2), it may order any person who— |
| (a) | is capable of supplying any goods or services; or |
| (b) | is capable of manufacturing, producing, processing or treating any goods; or |
| (c) | is the owner of or has the power to dispose of or has in his possession or under his control any goods, or is a supplier of any service, |
which may be required for the purpose of such measures or the removal of such pollution, to supply or deliver or sell such goods or a specified quantity or number thereof, or to supply such service, to the Authority or a specified person, or to manufacture, produce, process or treat a specified quantity or number of such goods and to supply or deliver or sell it to the Authority or to a specified person, within a specified period and at a specified place, as the case may be.
[Section 5(3) amended by section 2(2) (item 57(b) Sch) of Act No. 5 of 1998]
| (4) | Any person who has received an order under subsection (3) shall, in the absence of evidence to the contrary, be deemed to be capable of performing the act which he has been ordered to perform. |
| (5) | In respect of any goods supplied, delivered, sold, manufactured, produced, processed or treated or any service supplied in terms of this section, the person concerned shall, when called upon to do so, declare and certify the cost to him of every item invoiced, in addition to stating the selling price, in the case of goods, and the amount of the compensation, in the case of a service, claimed by him. |
| (6) | The Authority may institute, through an independent chartered accountant designated by it for that purpose, a cost investigation in connection with any goods or service in respect of which an order has been issued by it under subsection (3). |
[Section 5(6) substituted by section 2(2) (item 57(c) Sch) of Act No. 5 of 1998]
| (7) | In every contract resulting from an order issued under subsection (3), or from the acceptance, by or on behalf of the Authority, of an offer for the manufacture, production, processing, treating or supply of any goods or for the supply of any service, there shall be deemed to be incorporated a condition that the price or compensation stipulated by the seller or supplier concerned shall be subject to confirmation or adjustment by the Authority. |
| (8) | Every person who supplies any service, or supplies, delivers, sells, manufactures, produces, processes or treats any goods, in accordance with an order issued under subsection (3), shall, in the absence of agreement, be paid by the Authority or the person concerned, as the case may be, compensation or a price equal to the amount of the cost to him of the supply of the service in question, or of the goods in question, or of the manufacture, production, processing or treating thereof, plus a percentage of such cost or an amount fixed in the notice in question, or, where the Authority has instituted a cost investigation in terms of subsection (6), the compensation or price determined by the Authority. |
| (a) | wholly to the fault of the State, the owner of the ship or tanker in question shall not be liable in terms of the provisions of section 9(1)(b) for any expenditure incurred by the Authority by virtue of the provisions of this section; |
| (b) | partly to the fault of the State, the amount of any expenditure so incurred by the Authority and recoverable from the owner concerned in terms of the provisions of section 9(1)(b), shall be reduced to such extent as is just and equitable regard being had to the degree in which the State was at fault in relation to the discharge or likely discharge. |
| (10) | The provisions of this section, excluding the provisions of subsection (1), shall mutatis mutandis apply in respect of a discharge of harmful substances from an offshore installation. |
[Section 5 substituted by section 31 of Act No. 23 of 1997]