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安提瓜和巴布达海上倾倒法
the Dumping at Sea Act
【发布部门】安提瓜和巴布达国会 【发文字号】
【发布日期】1989年01月01日 【实施日期】1975年12月03日
【时效性】现行有效 【效力级别】法律
【法规类别】安提瓜和巴布达法规规划 【来源】联合国粮农组织网站

安提瓜和巴布达海上倾倒法

【法律沿革】

本法于1975年12月3日以第29号总统令公布实施,1989年以第18号总统令修改

【内容介绍】

本法共计13条,本法涉及海上倾倒活动的管理,对于海上倾倒也属于海洋环境保护的范畴。本法中除了在本国管辖海域内的管理,还涉及管辖海域外的倾倒活动。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC070193


海上倾倒法(the Dumping at Sea Act)

Arrangementof Sections

Section

1.Short title.

2.Interpretation.

3.Restrictions on dumping in the sea.

4.Licences.

5.Right to make representations.

6.Publicity.

7.Enforcement of Act.

8.Enforcement of Conventions.

9.Miscellaneousprovisions as to enforcement officers.

10.Evidence.

11.Offences-general provisions.

12.Financial provisions. 13. Savings.

 

DUMPINGAT SEA

(3rdDecember, 1975 .)

Shorttitle.

1.This Act may be cited as the Dumping at Sea Act.

Interpretation.

2.(1) In this Act, unless the context otherwise requires-

"Antiguanaircraft7' means an aircraft registered in Antigua and Barbuda;

"Antiguanenforcement officer" has the meaning assigned to it by section 7;

"Antiguanhovercraft" means a hovercraft registered in Antigua and Barbuda;

"Antiguanmarine structure" means a marine struc- ture owned by or leased to anindividual resident in or a body corporate incorporated under the law ofAntigua and Barbuda;

"Antiguanship" means a vessel registered in Antigua and Barbuda, or a vesselexempted from such registration;

"Antiguanwaters" means any part of the sea within the seaward limits of theterritorial sea of Antigua and Barbuda;

“captain"in relation to a hovercraft, means the per- son who is designated by theoperator to be in charge of it during any journey, or, failing suchdesignation, the person who is for the time being lawfully in charge of it;

"commander7'in relation to an aircraft, means the member of the flight crew designated ascommander of that aircraft by the operator thereof, or, failing such a person,the person who is for the time being the pilot in command of the aircraft;

"Convention"includes an agreement or other arrangement;

"ConventionState" in relation to the London Con- vention, the Oslo Convention or adesignated Convention, means a State declared to be a party to that Conventionby an order for the time being in force under subsection (2);

"designatedConvention" means a Convention declared to be a designated Convention byan order for the time being in force under subsection (2);

"dumping"has the meaning assigned to it by section 3;

"foreignenforcement officer" has the meaning assigned to it by section 8(2);

“Internationalorganisations" means any organisation established in pursuance of ArticleXIV of the London Convention or Article 16 of the Oslo Con- vention and anysimilar organisation established in pursuance of a designated Convention;

"load"means load for dumping;

"marinestructure" means a platform or other man- made structure at sea;

“master"in relation to any ship, includes the person for the time being in charge ofthe ship;

"sea"includes any area submerged at mean high water springs, and also includes, sofar as the tide flows at mean high water springs, an estuary or an arm of thesea and the waters of any channel, creek, bay or river; and

"theLondon Convention" means the Convention for the Prevention of MarinePollution by Dumping from Ships and Aircraft concluded at Oslo in February1972;

"theOslo Convention" means the Convention for the Prevention of MarinePollution by Dumping from Ships and Aircraft concluded at Oslo in February1972.

(2)The Minister may by Order declare-

(a)that any Convention relating to dumping in the sea to which the Government is aparty is a designated Convention for the purposes of this Act; and

(b)that any State specified in the Order is a party to the London Convention theOslo Convention or a designated Convention.

Restrictionson dumping in the sea.

3.(1)Subject to the provisions of this section, no person, except in pursuance of alicence granted under section 4 and in accordance with the terms of thatlicence shall-

(a)dump substances or articles in Antiguan waters;

(b)dump substances or articles in the sea outside Antiguan waters from an Antiguaship, aircraft, hover- craft or marine structure, or

(c)load substances or articles on to a ship, aircraft, hovercraft or marine structurein Antigua and Barbuda or in Antiguan waters for dumping in the sea, whether inAntiguan waters or not; or (d) cause or permit substances or articles to bedumped or loaded as mentioned in paragraphs (a) to (c).

(2)Subject to subsections (3) and (5), substances and articles are dumped in thesea for the purposes of this Act if they are permanently deposited in the seafrom a vehicle, ship, aircraft, hovercraft, or marine structure or from astruc- ture on land constructed or adapted wholly or mainly for the purpose ofdepositing solids in the sea.

(3) Adischarge incidental to or derived from the normal operation of a ship,aircraft, vehicle, hovercraft or marine structure or of its equipment does notconstitute dumping for the purposes of this Act unless the ship, aircraft,vehicle, hovercraft or marine structure in question is constructed or adaptedwholly or mainly for the purpose of the disposal of waste or spoil and thedischarge takes place as part of its operation for that purpose.

(4) Adeposit made by, or with the written consent of the Port Authority establishedunder section 3 of the Port Cap. 333. Authority Act or the Minister, for thepurpose of providing moorings or securing aids to navigation, does notconstitute dumping for the purposes of this Act.

(5) Adeposit made in the execution of works of maintenance in a harbour does notconstitute dumping for the purposes of this Act if it is made on the site ofthe works.

(6)Subject to subsections (7) to (9), any person who contravenes subsection (1)shall be guilty of an offence and liable-

(a) onsummary conviction to a fine of six thousand dollars and to imprisonment fortwelve months; or

(b) onconviction on indictment, to a fine of seventy-five thousand dollars and toimprisonment for five years.

(7) Itshall be a defence for a person charged with an offence under subsection (6) toprove-

(a)that the substances or articles in question were dumped for the purpose ofsecuring the safety of a ship, aircraft, hovercraft or marine structure or ofsaving life; and

(b)that he took steps within a reasonable time to inform the Minister that thedumping had taken place and of the locality and circumstances in which it tookplace and the nature and quantity of the substances or articles dumped, unlessthe court is satisfied that the dumping was not necessary for any of thepurposes mentioned above and was not a reasonable step to take in thecircumstances.

(8) Itshall be a defence for a person charged with an offence under subsection (6) toprove-

 (a) that he acted under instructions given tohim by his employer; or

(b)that he acted in reliance on information given to him by others without anyreason to suppose that the information was false or misleading, and in eithercase that he took all such steps as were reasonably open to him to ensure thatno offence would be committed.

(9) Itshall be a defence for a person charged with an offence under subsection (6')in relation to substances or , , articles dumped outside Antiguan waters froman Antiguan ship, aircraft or hovercraft to prove that they were loaded on toit in a Convention State and that the dumping was authorized by a licenceissued by the responsible authority in that State.

Licences.

4.(1) The Minister is hereby empowered to grant licences for the purposes of thisAct and in determining whether to grant a licence the Minister shall haveregard to the need to protect the marine environment and the living resourceswhich it supports from any adverse consequences of dumping the substances orarticles to which the licence, if granted, will relate; and the Minister shallinclude such conditions in a licence as appear to the Minister to be necessaryor expedient for the protection of that environ- ment and those resources fromany such consequences.

(2) TheMinister may revoke a licence if it appears to him that the holder is in breachof a condition included in it.

(3) TheMinister may vary or revoke a licence if it appears to him that the licenceought to be varied or revoked because of a change of circumstances relating tothe marine environment or the living resources which it supports, including achange in scientific knowledge.

(4) TheMinister may require an applicant for a licence to pay such fee on applying forit as may be specified by order made by the Minister and published in theGazette.

(5) TheMinister may require an applicant to supply such information and permit suchexamination and sampling of the substances or articles, and to supply suchinformation about the method of dumping which he desires to use, as in theopinion of the Minister is necessary to enable the authority to decide whethera licence should be granted and the conditions which any licence that isgranted ought to contain.

(6) TheMinister may require an applicant for a licence to pay such amount, in additionto any fee under subsection (4) as he may determine, towards the expense of anytests which in his opinion are necessary to enable him to decide whether alicence should be granted and the conditions which any licence that is grantedought to contain, and, in particular, expense incurred in connection with anymonitor- ing to determine the effect that dumping may have or has had on themarine environment and the living resources which it supports.

(7) Alicence which the Minister may grant under this

Act-

(a)shall specify the person to whom it is granted;

(b)shall state whether it is to remain in force until revoked or is to expire at atime specified in the licence;

(c)shall specify the quantity and description of substances or articles to whichit relates; and (6) may make different provisions as to different descriptionsof substances or articles.

(8) TheMinister may transfer a licence from the holder to any other person on theapplication of that person or of the holder, but shall.have power to includeadditional con- ditions in a licence on transferring it.

(9) Anyperson who for the purpose of procuring the grant or transfer of a licence, orin purporting to carry out any duty imposed on him as a condition of a licence,know- ingly or recklessly makes a false statement or knowingly or recklesslyproduces, furnishes, signs or otherwise makes use of a document containing afalse statement shall be guilty of an offence and liable on summary convictionto a fine of six thousand dollars.

Rightto make representations.

5.(1) Where the Minister proposes-

(a) torefuse a licence;

(b) toinclude a condition in a licence, whether on granting or transferring it;

(c) torequire a payment under section 4 (6); or

(d) tovary or revoke a licence, it shall be the Minister's duty, when notifying theapplicant for or holder of the licence of the proposal, also to notify him

(i) ofthe reason for it; and

(ii) ofhis right under this section to make written representations relating to it.

(2) Anotification of a proposal to vary or revoke a licence shall also include anotice that any written representa- tions must be received by the Ministerwithin 28 days of the receipt of the notification.

(3) Aperson who receives a notification of a proposal such as is mentioned in subsection(1) above may make written representations about it to the Minister.

(4)Where written representations relating to a proposal have been made under thissection, the Minister may make a final decision relating to the proposal onlyafter receiving and considering the written representations.

(5) TheMinister shall notify the person who made the representations of the decisionand the reasons for it.

Publicity.

6.(1) The Minister shall compile and keep available for public inspection free ofcharge at reasonable hours the notifiable particulars of any dumping licensedby him under this Act, and shall furnish a copy of any such notifiable parti-culars to any person on payment of such reasonable sum as he may determine.

(2) Insubsection (1) above "notifiable particulars" means particulars whichthe Government is required to notify to the international organisations inrespect of Antigua and Barbuda.

Enforcementof Act.

7.(1) The Minister may appoint enforcement officers for the purposes of this Act.

(2) An enforcementofficer appointed under subsection (1) is referred to in this Act as an"Antiguan enforcement officer7 ' .

(3) AnAntiguan enforcement officer, may for the purpose of enforcing this Act,exercise, in relation to places and things liable to inspection under this Act,the powers conferred by subsections (6) and (9).

(4)Subject to subsection (6) below, the places and things liable to inspectionunder this Act are-

(a)land (including land submerged at mean high water springs and buildings on land),vehicles, aircraft and hovercraft in Antigua and Barbuda;

(b)ships in ports in Antigua and Barbuda; and

(c)Antiguan ships, aircraft, hovercraft and marine structures, wherever they maybe, in which an Antiguan enforcement officer has reasonable cause to believethat any substances or articles intended to be dumped in the sea are or havebeen present.

(5) Theplaces liable to inspection under this Act do not include any private dwellingnot used by or by permis- sion of the occupier for the purpose of a trade orbusiness.

(6) An Antiguanenforcement officer may at any reasonable time enter any place liable toinspection under this Act, and board any vehicle, ship, aircraft, hovercraft ormarine structure which is so liable, with or without persons and equipment toassist him in his duties.

(7) AnAntiguan enforcement officer-

(a) mayopen any container and examine and take samples of any substances or articles;

(b) mayexamine equipment and require any person in charge of it to do anything which appearsto the officer to be necessary for facilitating examination;

 (c) may require any person to produce anylicences, records or other documents which relate to the dumping of substancesor articles in the sea and which are in his custody or possession;

(d) mayrequire any person on board a ship, air- craft, hovercraft or marine structureto produce any records or other documents which relate to it and which are inhis custody or possession; and

(e) maytake copies of any document produced under paragraph (c) or (d) above.

(8) Forthe purpose of boarding a vehicle, ship, air- craft, hovercraft or marinestructure, an Antiguan enforce- ment officer may require the person in chargeto do anything which will facilitate boarding, and the power conferred by thissubsection includes power, in the case of a vehicle, ship or hovercraft, torequire the person in charge to stop it.

(9) AnAntiguan enforcement officer may require the attendance of the master of aship, the commander of an aircraft, the captain of a hovercraft or the personin charge of a marine structure on board that ship, aircraft, hover- craft orstructure, and may make any examination and in- quiry which appears to him tobe necessary.

(10) AnAntiguan enforcement officer shall be furnished with a certificate of hisappointment and on entering or board- ing for the purposes of this Act anyplace or thing liable to inspection under this Act shall, if so requested,produce the said certificate.

Enforcementof Conventions.

8.(1) The Minister may by Order declare-

(a)that any procedure which has been developed for the effective application ofthe London Convention, the Oslo Convention or any designated Convention and isspecified in the Order is an accepted procedure as between the Government ofAntigua and Barbuda and the Government of any Convention State so specified;and

(b)that the powers conferred by subsections (6) to (9) of section 7 may beexercised, for the purpose of the enforcement of that procedure outsideAntiguan waters-

(i) inrelation to an Antiguan ship, or hovercraft, by a person of any specified classappointed to enforce it by the Government of that State, and

(ii) inrelation to a ship or hovercraft of that State, by an Antiguan enforcementofficer.

(2) Aperson belonging to a class specified in an Order under this section isreferred to in this Act as a "foreign enforcement Officer", but anyreference to a foreign enforce- ment officer in the following provisions ofthis Act shall be construed, in relation to any person of a class so specified,as applying to him only for the purposes of the procedure specified in theorder as the procedure for whose enforce- ment his Government appointed him.

Miscellaneousprovisions as to enforcement offences.

9.(1) An Antiguan or foreign enforcement officer shall not be liable in any civilor criminal proceedings for anything done in purported exercise of the powersconferred on him by this Act if the court is satisfied that the act was done ingood faith and that there were reasonable grounds for doing it.

(2) Anyperson who-

(a)without reasonable excuse fails to comply with any requirement imposed or toanswer any question asked, by an Antiguan or foreign enforcement officer underthis Act;

(b)without reasonable excuse prevents or attempts to prevent, any other personfrom complying with any such requirement or answering any such question; or

(c)assaults any such officer while exercising any of the powers conferred on himby or by virtue of this Act or obstructs any such officer in the exercise ofany of those powers, shall be guilty of an offence.

(3) Aperson guilty of an offence under this section shall be liable on summaryconviction, in the case of a first offence thereunder, to a fine of threethousand dollars, and in the case of a second or subsequent offence thereunderto a fine of six thousand dollars.

Evidence.

10.(1) In any civil or criminal proceedings a written statement purporting to be areport made by an Antiguan or foreign enforcement officer on matters ascertainedin the course of exercising his powers under this Act shall be admissible as evidenceto the like extent as oral evidence to the like effect by that officer.

(2)Subsection (1) shall be taken to be in addition to and not to derogate from theprovisions of any other enact- ment relating to the reception or admissibilityof documentary evidence.

Offences-generalprovisions.

11.(1) Where an offence under this Act which has been committed by a bodycorporate is proved to have been committed with the consent or connivance of,or to be attributable to any neglect on the part of, a director, manager,secretary or other similar officer of the body corporate, or any person who waspurporting to act in any such capacity, he, as well as the body corporate, shallbe guilty of that of- fence and be liable to be proceeded against and punishedaccordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection(1) above shall apply in relation to the acts and defaults of a member in connectionwith his functions of management as if he were a director of the bodycorporate.

(3)Proceedings for any offence under this Act may be taken, and the offence mayfor all incidental purposes be treated as having been committed, in any placein Antigua and Barbuda.

Financialprovisions.

12.(1) There shall be paid out of the Consolidated Fund all sums required for thepurpose of making payments on behalf of the Government to the internationalorganisations.

(2)There shall also be paid out of the Consolidated Fund such salaries or otherremuneration for Antiguan enforcement officers as the Minister may, by Order,determine.

(3) Anymonies received under this Act shall be paid into the Consolidated Fund.

Savings.

13.(1) The restrictions imposed by this Act are in addition to any restrictionimposed by or under any other enactment, and neither affect nor are affected byany such restriction.

(2)Nothing in this Act-

(a)confers a right of action in any civil proceedings (other than proceedings forthe recovery of a fine) in respect of any contravention of this Act; or

(b)derogates from any right of action or other remedy (whether civil or criminal)in proceedings instituted otherwise than under this Act.



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