South Africa
Marine Pollution (Control and Civil Liability) Act, 1981
Act 6 of 1981
- Published in Government Gazette 7427 on 25 February 1981
- Assented to on 6 February 1981
- Commenced on 1 October 1982 by Prevention and Combating of Pollution of the Sea by Oil Act, 1981: Commencement
- [This is the version of this document as it was from 1 September 1997 to 31 March 1998.]
- [Amended by Prevention and Combating of Pollution of the Sea by Oil Amendment Act, 1985 (Act 59 of 1985) on 24 April 1985]
- [Amended by Prevention and Combating of Pollution of the Sea by Oil Amendment Act, 1987 (Act 63 of 1987) on 25 September 1987]
- [Amended by Prevention and Combating of Pollution of the Sea by Oil Amendment Act, 1990 (Act 9 of 1990) on 21 March 1990]
- [Amended by Abolition of Restrictions on the Jurisdiction of Courts Act, 1996 (Act 88 of 1996) on 22 November 1996]
- [Amended by Shipping General Amendment Act, 1997 (Act 23 of 1997) on 1 September 1997]
1. Definitions
2. Discharge of oil prohibited
3. Reporting of discharge and damage causing discharge or likelihood of discharge
4. Powers of Minister to take steps to prevent pollution of the sea where harmful substance is being or is likely to be discharged
5. Prevention or removal of pollution of sea by harmful substances
6. Moving of ship or tanker from certain area
The Minister may order the master of any ship or tanker to move, subject to such instructions as the Minister may issue, his ship or tanker and any object it may have in tow from an area in which removal of pollution of the sea by a harmful substance is in progress or about to be undertaken.[section 6 amended by section 32 of Act 23 of 1997]7. Inspection of ship or tanker and of records, and taking of samples of harmful substances
Any person authorized thereto by the Minister and any member of the South African Police Service or of the South African Defence Force may go on board any ship or tanker in any part of the prohibited area to ascertain whether any document required by the Marine Pollution Acts to be carried on board such ship or tanker is so carried on board or, if he has reasonable grounds for believing that any provision of those Acts has been or is being contravened in connection with such ship or tanker, may so go on board and inspect such ship or tanker or any part or cargo thereof, inspect and make copies of any documents or records kept in respect of such ship or tanker or in respect of its cargo or the harmful substances on board thereof, take samples of any harmful substance on board such ship or tanker, take soundings of tanks, spaces and bilges and test any equipment on board such ship or tanker which is intended for use in preventing a discharge of harmful substances from such ship or tanker.[section 7 substituted by section 33 of Act 23 of 1997]8. Right of entry upon land
9. Liability for loss, damage or costs caused by discharge of oil
10. Limitation of liability
11. Exemption in respect of warships or tankers used in the service of a State
12. Applications to court
13. Compulsory insurance against liability for loss, damage or costs
14. Issue of certificate by Director-General
15. Proceedings against insurers
16. Depositing of amount or furnishing of guarantee by owner of ship, tanker or offshore installation in respect of certain costs
If an amount has in terms of the provisions of section 9(1)(b) become payable by the owner of a ship, a tanker to which the provisions of section 13(1) do not apply or an offshore installation in respect of costs referred to in section 9(1)(b), or if the Director-General believes, on reasonable grounds, that an amount may become so payable, such owner shall either deposit with the Director-General an amount, or furnish the Director-General with a written guarantee, acceptable to him, for the payment of an amount deemed by the Director-General to be sufficient to satisfy the amount which has or may become so payable by the said owner.17. Refund of excess costs paid by owner
18. Ratification by Minister of certain expenses
The Minister may ratify the incurring of any expenses by the State (otherwise than in pursuance of section 5(1) or (2)) or by any local authority or other public body or any other person in removing pollution of the sea by oil discharged from any ship, tanker or offshore installation, to the extent to which such expenses could have been incurred by the Minister in terms of section 5(1) or (2), and any expenses the incurring of which has been so ratified, shall be deemed to be costs referred to in section 9(1)(b).19. Detention of ships pending payment of costs for which owner is liable
20. Jurisdiction of courts
21. Minister’s permission required for transfer of certain harmful substances or for certain other acts in respect of ships or tankers
22. Powers of Minister in case of default by master or owner
23. Salvor not to be prejudiced
Subject to the provisions of section 19(3) no provision of this Act shall be construed as derogating from any right to a salvage award, nor shall a salvor who would otherwise be entitled to a salvage award in respect of an act of salvage actually performed, cease to be so entitled merely on the ground that such act was carried out as a direct or indirect result of a requirement laid down or an order issued in terms of this Act.24. Pollution safety certificate required for operation of offshore installation
25. Exemptions by Minister
26. Income and expenditure
27. Sundry powers of Minister
28. Regulations
29. Delegation of powers
The Minister as well as the Director-General may delegate to any person or to two or more persons any of the powers conferred upon them respectively in terms of the provisions of this Act other than, in the case of the Minister, the provisions of section 28.30. Offences and penalties
30A. Application of Act to Prince Edward Islands
This Act shall also apply to the Prince Edward Islands referred to in section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948), and any reference in this Act to the Republic shall include a reference to those Islands.[section 30A inserted by section 44 of Act 23 of 1997]31. Repeal of laws, and savings
32. Short title
This Act shall be called the Marine Pollution (Control and Civil Liability) Act, 1981.[section 32 substituted by section 45 of Act 23 of 1997]History of this document
30 May 2014 amendment not yet applied
01 April 1998 amendment not yet applied
01 September 1997 this version
Amended by
Shipping General Amendment Act, 1997
22 November 1996
21 March 1990
25 September 1987
24 April 1985
01 October 1982
25 February 1981
06 February 1981
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Marine Pollution (Control and Civil Liability) Act 6 of 1981: Regulations | Government Notice R1276 of 1984 |
Marine Pollution (Control and Civil Liability) Act 6 of 1981: Regulations: Amendment | Government Notice R861 of 1995 |
Marine Pollution (Control and Civil Liability) Act 6 of 1981: Regulations: Amendment | Government Notice R662 of 1997 |
Cited documents 6
Legislation 6
Documents citing this one 58
Gazette 54
- KwaZulu-Natal Provincial Gazette dated 2019-04-25 number 2071
- Northern Cape Provincial Gazette dated 2015-11-20 number 1972
- South Africa Government Gazette Regulation Gazette dated 1981-12-31 number 7976
- South Africa Government Gazette Regulation Gazette dated 1982-01-15 number 7989
- South Africa Government Gazette Regulation Gazette dated 1995-06-15 number 16474
- South Africa Government Gazette Regulation Gazette dated 1997-05-09 number 17973
- South Africa Government Gazette Regulation Gazette dated 2023-01-06 number 47823
- South Africa Government Gazette dated 1982-02-12 number 8018
- South Africa Government Gazette dated 1982-09-03 number 8366
- South Africa Government Gazette dated 1986-08-08 number 10377
- South Africa Government Gazette dated 1994-06-17 number 15813
- South Africa Government Gazette dated 1996-11-22 number 17599
- South Africa Government Gazette dated 1997-05-16 number 17999
- South Africa Government Gazette dated 1997-07-18 number 18130
- South Africa Government Gazette dated 1998-09-28 number 19288
- South Africa Government Gazette dated 1998-11-27 number 19519
- South Africa Government Gazette dated 1998-12-02 number 19536
- South Africa Government Gazette dated 1999-12-17 number 20709
- South Africa Government Gazette dated 2000-03-17 number 20978
- South Africa Government Gazette dated 2001-02-16 number 22022
- South Africa Government Gazette dated 2001-05-18 number 22254
- South Africa Government Gazette dated 2002-03-28 number 23232
- South Africa Government Gazette dated 2002-05-03 number 23382
- South Africa Government Gazette dated 2002-12-06 number 24134
- South Africa Government Gazette dated 2003-01-24 number 24311
- South Africa Government Gazette dated 2003-04-22 number 24777
- South Africa Government Gazette dated 2003-08-01 number 25289
- South Africa Government Gazette dated 2004-07-23 number 26586
- South Africa Government Gazette dated 2005-05-20 number 27588
- South Africa Government Gazette dated 2005-06-15 number 27683 part 2
- South Africa Government Gazette dated 2005-06-15 number 27683 part 3
- South Africa Government Gazette dated 2005-06-15 number 27683 part 4
- South Africa Government Gazette dated 2005-07-15 number 27804
- South Africa Government Gazette dated 2005-07-22 number 27796 part 3
- South Africa Government Gazette dated 2005-07-22 number 27796 part 4
- South Africa Government Gazette dated 2007-01-12 number 29487
- South Africa Government Gazette dated 2007-10-22 number 30397
- South Africa Government Gazette dated 2007-11-09 number 30433
- South Africa Government Gazette dated 2008-08-22 number 31354
- South Africa Government Gazette dated 2009-04-15 number 32102
- South Africa Government Gazette dated 2009-04-15 number 32103
- South Africa Government Gazette dated 2012-09-06 number 35665
- South Africa Government Gazette dated 2013-09-06 number 36819
- South Africa Government Gazette dated 2013-12-10 number 37146
- South Africa Government Gazette dated 2016-02-08 number 39665
- South Africa Government Gazette dated 2016-05-19 number 40005
- South Africa Government Gazette dated 2017-07-13 number 40977
- South Africa Government Gazette dated 2017-09-26 number 41135
- South Africa Government Gazette dated 2018-11-23 number 42053 part 1
- South Africa Government Gazette dated 2019-10-31 number 42815
- South Africa Government Gazette dated 2020-03-06 number 43073 part 1
- South Africa Government Gazette dated 2020-07-31 number 43573
- South Africa Government Gazette dated 2021-03-19 number 44293 part 1
- South Africa Government Gazette dated 2021-03-19 number 44304
Judgment 2
- South African Marine Fuels v South African Maritime Safety Authority (16198/2021) [2024] ZAGPPHC 85 (29 January 2024)
- Van Meyeren v Cloete (639/2019) [2020] ZASCA 100 (11 September 2020)