Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Marine Pollution (IBC Code)) Regulations, 1998

9. Penalties

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(1)
(a) If there is a breach of regulation 3, 5(5), 6 or 8 then the owner and master of the ship are each guilty of an offence punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months.
(b) If there is a breach of regulation 4(2) or 5(3) then the owner of the ship is guilty of an offence punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months.

 

(2) Where such a breach relates to any requirement for the carriage of pollution hazard substances, the provisions of the Marine Pollution Act apply exclusively to that breach.

 

(3) It is a defence for a person charged under these regulations to show that he or she took all reasonable steps to ensure compliance with the regulations.