MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      1
CHAPTER 271
MARINE POLLUTION (PREVENTION AND CONTROL) ACT 
To prevent and control the pollution of the sea and other waters and to give effect to the
provisions of international and regional conventions and protocols relating to the protection
of the marine environment.
(                           ) *
 Enacted by ACT XII of 1977, as amended by Acts: XIII of 1983, XVII of 1991 and XXIV of
1995.
ARRANGEMENT OF ACT
 
*This Chapter is not yet in force.
Sections 
Part I.  Preliminary  1-2 
Part II. Criminal liability for Pollution  3-7 
Part III.  Civil liability for Pollution  8-12 
Part IV.  Measures to Prevent and Control Pollution  13-16 
Part V. Intervention in Cases of Oil Pollution Casualties  17-20 
Part VI.  Dumping at Sea  21-26 
Part VII.  General Provisions  27-37
SCHEDULE
  2      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
PART I
PRELIMINARY
Short title and 
commencement.
 l. (1) This Act may be cited as the Marine Pollution
(Prevention and Control) Act.
(2) This Act shall come into force on such date as the Minister
may, by notice in the Gazette, appoint, and different dates may be
so appointed for different provisions and different purposes of this
Act.
Interpretation. 2. (1) In this Act, unless the context otherwise requires or it
is otherwise expressly provided - 
"area of Malta" means Malta and the territorial waters thereof;
"Convention" has the meaning assigned to it by section 29 of this
Act, and includes a protocol, agreement or other arrangement;
"Convention Ship" means a ship registered in a Convention
State; 
"Convention State", in relation to any Convention, means a
country the Government of which has been declared by an order
made under section 29 of this Act to have accepted such
Convention and has not been so declared to have denounced it, and
includes any territory to which it has been so declared that the
Convention extends, not being a territory to which it has been so
declared that the Convention has ceased to extend;
"damage" includes loss;
"discharge", in relation to oil or other pollution or to a mixture
containing oil or other pollutant, means any discharge or escape
however caused;
"in bulk" means in such quantities as may be prescribed; 
"load", when used in Part VI of this Act, means load for
dumping;
"Maltese aircraft" means an aircraft registered in Malta, and
includes an aircraft which has been  bona fide  demised, let or hired
out for any period exceeding fourteen days to an individual resident
in Malta or a company or other body corporate established under
the laws of Malta;
"Maltese marine structure" means a marine structure owned by
or leased to an individual resident in Malta or a company or other
body corporate established under the laws of Malta;
Cap. 234.
"Maltese ship" has the same meaning as is assigned to it by
section 3 of the Merchant Shipping Act; 
"marine structure" means a platform or other man-made structure
at sea; 
"master" includes every person, except a pilot, having for the
time being command or charge of a ship;
"Minister" means the Minister responsible for shipping and
includes any person acting under his authority;
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      3
"mixture containing oil" means any mixture of oil with water or
with any other substance or with both and any mixture of water or
any other substance, or both, with oil;
"mixture containing pollutant" means any mixture of a pollutant
with water or with any other substance or with both and any
mixture of water or any other substance, or both, with a pollutant;
"oil" means oil of any description and includes spirit produced
from oil of any description and also includes coal tar;
"oil residues" includes any residue or waste consisting of, or
arising from, oil or a mixture containing oil;
"outside the territorial waters of Malta" means outside the
seaward limits of those waters;
"owner", in relation to a ship, means the person registered as the
owner of the ship, or in the absence of registration the person
owning the ship;
"owner or operator", in relation to an offshore facility or an
onshore facility, means any person owning or operating such
facility, and in the case of an abandoned facility, the person who
owned or operated such facility immediately prior to such
abandonment;
"place afloat" includes anything afloat (other than a vessel) if it
is anchored or attached to the bed or shore of the sea or of the
territorial waters of Malta, and includes anything resting on the bed
or shore of the sea or of the territorial waters of Malta;
"place on land" includes any facility of any kind located, in, on
or under any land within Malta, other than submerged land; 
"pollutant" means any substance which if introduced into the sea
or any other waters is liable to create hazards to human health, or to
harm living resources or other marine life, or to damage amenities
or to interfere with other legitimate uses of the seas or of the waters
aforesaid, and, without limiting the generality of the foregoing
includes any substance, or any substance that is part of a class of
substances, that is prescribed by the Minister, for the purposes of
this Act, to be a pollutant;
Cap. 170.
"port" has the same meaning as is assigned to it by section 2 of
the Ports Ordinance * ;
"prescribed" means prescribed by regulations, rules, orders or
instructions under this Act;
"proper officer" means an officer authorised in that behalf by the
Minister or other appropriate authority;
"ship" includes every description of vessel used in navigation not
propelled by oars and also includes an air-cushioned vehicle and a
floating craft which is attached to a ship;
"territorial waters", in relation to Malta, means the whole of the
sea within the seaward limits of the territorial waters of Malta and
*Repealed by Act XVII of 1991.  See  the Malta Maritime Authority Act (Cap. 352).
  4      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
includes the waters of any port, or harbour and all other internal
waters of Malta within those limits;
"trade effluent" means the solid or liquid waste of any trade,
business or manufacture;
"transfer", in relation to oil, means transfer in bulk;
"vessel" includes any ship or boat or any other description of
vessel used in navigation.
(2) In relation to any damage resulting from the discharge of
any oil from a ship, references in this Act to the owner of the ship
are references to the owner at the time of the occurrence or first of
the occurrences resulting in the discharge.
(3) Reference in this Act to the area of any country includes the
territorial sea of that country.
(4) Any reference in this Act to the measures reasonably taken
after the discharge of oil or other pollutant for the purpose of
preventing or reducing any damage caused by contamination
resulting from such discharge shall include actions taken to remove
the oil from the water and foreshores or the taking of such other
actions as may be necessary to minimize or mitigate damage to the
public health or welfare, including, but not limited to fish,
shellfish, wildlife, and public and private property, foreshores and
beaches.
PART II
CRIMINAL LIABILITY FOR POLLUTION
Discharge of oils 
or other pollutants 
into sea outside 
territorial waters. 
Amended by: 
XIII. 1983.4,5.
3. (1) If any oil or other pollutant to which this section
applies or any mixture containing such oil or pollutant is
discharged from a Maltese ship into any part of the sea outside the
territorial waters of Malta, the owner or master of the ship shall,
subject to the provisions of this Act, be guilty of an offence.
(2) This section applies - 
( a ) to crude oil, fuel oil and lubricating oil; and
( b ) to heavy diesel oil, as defined by regulations made by
the Minister under this section,
and shall also apply to any other description of oil and to any
pollutant which may be specified by regulations made by the
Minister, having regard to the provisions of any Convention
accepted by the Government of Malta in so far as it relates to the
prevention of pollution of the sea.
(3) Regulations made by the Minister may make exceptions
from the operation of subsection (1) of this section, either generally
or with respect to particular classes of ships, particular descriptions
of oil or other pollutants or mixtures containing oil or other
pollutants or the discharge of oil or other pollutants or mixtures in
particular circumstances or into particular areas of the sea, and may
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      5
do so either absolutely or subject to any specified conditions.
(4) Any person guilty of an offence under this section shall be
liable, on conviction, to a fine ( multa ) of not less than two hundred
and fifty liri and not more than fifty thousand liri.
Discharge of oil or 
other pollutant into 
the territorial 
waters. 
Amended by: 
XIII. 1983.4,5.
4. (1) If any oil or other pollutant or any mixture containing
oil or other pollutant is discharged into the territorial waters of
Malta from any vessel or any place afloat, or from any place on
land, or from any apparatus used for transferring oil or other
pollutant (whether to or from a place on land or afloat), then,
subject to the provisions of this Act the following shall be guilty of
an offence, that is to say - 
( a ) if the discharge is from a vessel, the owner or master
of the vessel;
( b ) if the discharge is from an apparatus used for
transferring oil or other pollutant from or to a vessel or
takes place while oil or other pollutant is being so
transferred, the owner or person in charge of the
apparatus;
( c ) if the discharge is from any other place, the occupier
or other person in charge of such place.
(2) Any person guilty of an offence under this section shall be
liable, on conviction, to a fine ( multa ) of not less than two hundred
and fifty liri and not more than fifty thousand liri.
Discharge of oil 
from pipelines or 
as the result of sea-
bed exploration 
etc., in a 
designated area. 
Amended by: 
XIII. 1983.4,5.
5. (1) If any oil or any mixture containing oil is discharged
into any part of the sea - 
( a ) from a pipe-line; or
( b ) as a result of any operations for the exploration of the
sea-bed and sub-soil or the exploitation of their natural
resources in a designated area,
then, subject to the following provisions of this Act, the owner of
the pipe-line or, as the case may be, the person carrying on the
operations shall be guilty of an offence unless the discharge was
from a place in his occupation and he proves that it was due to the
act of a person who was there without his permission (express or
implied).
Cap. 194.
(2) In this section "designated area" means an area for the time
being designated by an order made under subsection (3) of section
3 of the Continental Shelf Act.
(3) A person guilty of an offence under this section shall be
liable on conviction, to a fine ( multa ) of not less than two hundred
and fifty liri and not more than fifty thousand liri.
Defence of master 
charged with 
offence under 
section 3.
6. (1) Where a person is charged with an offence under
section 3 of this Act, or is charged with an offence under section 4
of this Act as the owner or master of a vessel, it shall be a defence
to prove that the oil, pollutant or mixture was discharged for the
purpose of securing the safety of any vessel or of preventing
damage to any vessel or cargo, or of saving life, unless the court is
  6      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
satisfied that the discharge of the oil, pollutant or mixture was not
necessary for that purpose or was not a reasonable step to take in
the circumstances.
(2) Where a person is charged as mentioned in subsection (1)
of this section, it shall also be a defence to prove - 
( a ) that the oil, pollutant or mixture escaped in
consequence of damage to the vessel, and that as soon
as practicable after the damage occurred all reasonable
steps were taken for preventing, or (if it could not be
prevented) for stopping or reducing the escape of oil,
pollutant or mixture; or
( b ) that the oil, pollutant or mixture escaped by reason of
leakage, that neither the leakage nor any delay in
discovering it was due to any want of reasonable care,
and that as soon as practicable after the escape was
discovered all reasonable steps were taken for
stopping or reducing it.
Defence of other 
persons charged 
with offence under 
section 4 or 5.
7. Where a person is charged, in respect of the escape of any
oil, pollutant or mixture containing oil or pollutant, with an offence
under section 4 or section 5 of this Act - 
( a ) as the occupier of a place on land; or
( b ) as a person carrying an operation for the exploration of
the sea-bed and sub-soil or the exploitation of their
natural resources; or
( c ) as the owner of a pipe-line,
it shall be a defence to prove that neither the escape nor any delay
in discovering it was due to any want of reasonable care and that as
soon as practicable after it was discovered all reasonable steps were
taken for stopping or reducing it.
PART III
CIVIL LIABILITY FOR POLLUTION
Liability for 
pollution.
8. (1) Where any oil or other pollutant, or any mixture
containing oil or pollutant, is discharged from any vessel (whether
carried as part of the cargo of the vessel or otherwise), or from a
place afloat or from a place on land - 
( a ) the owner of the ship; or
( b ) the owner or operator of the place afloat or place on
land,
shall, subject to the provisions of this Act, be liable - 
(i) for any damage caused in the area of Malta by
contamination resulting from the discharge; and 
(ii) for the costs of any measures reasonably taken
after the discharge for the purpose of preventing
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      7
or reducing any such damage in the area of
Malta; and
(iii) for any damage caused in the area of Malta by
any measures so taken.
(2) Where oil or other pollutant, or any mixture containing oil
or pollutant, is discharged from two or more vessels and a liability
is incurred under this section by the owner of each of them but the
damage or cost for which each of the owners would be liable cannot
reasonably be separated from that for which the other or others
would be liable, each of the owners shall be liable jointly and
severally ( in solidum)  with the other or others, for the whole of the
damage or cost for which the owners together would be liable under
this section.
(3) For the purposes of this Part of this Act, where more than
one discharge results from the same occurrence or from a series of
occurrences having the same origin, they shall be treated as one;
but any measures taken after the first of them shall be deemed to
have been taken after the discharge.
Cap. 234.
(4) Where the owner of a vessel incurs a liability under this
section by reason of a discharge, sections 349 and 350 of the
Merchant Shipping Act shall not apply in relation to that liability.
Exemptions from 
liability under 
section 8. 
9. The owner or operator of a ship, or of a place afloat or of a
place on land from which oil or other pollutant has been discharged
shall not incur any liability under section 8 of this Act if he proves
that the discharge -
( a ) resulted from an act of war, hostilities, civil war,
insurrection or an exceptional, inevitable and
irresistible natural phenomenon; or
( b ) was due wholly to anything done or left undone by
another person, not being a servant or agent of the
owner or operator, with intent to do damage; or
( c ) was, in the case of a discharge from a vessel, due
wholly to the negligence or wrongful act of the
Government or other authority in exercising its
function of maintaining lights or other navigational
aids for the maintenance of which it was responsible.
Liability for cost of 
measures where 
section 8 does not 
apply.
10. (1) Where - 
( a ) after a discharge of oil or other pollutant from any
vessel, or place afloat, or place on land, measures are
reasonably taken for the purpose of preventing or
reducing the damage in the area of Malta which may
result from the discharge; and
( b ) any person incurs, or might but for the measures have
incurred, a liability, otherwise than under section 8, for
any such damage,
then, whether or not paragraph ( d ) of subsection (1) of that section
applies, such person shall be liable for the cost of the measures
taken as aforesaid, whether or not the person taking them does so
  8      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
for the protection of his interests or in the performance of a duty.
Extinguishment of 
claims.
11. No action to enforce a claim in respect of a liability
incurred under section 8 of this Act shall be entertained by any
court in Malta unless the action is commenced not later than three
years after the claim arose and not later than six years after the
occurrence or first of the occurrences resulting in the discharge by
reason of which the liability was incurred.
Insurance against 
liability for 
pollution. 
Amended by: 
XIII. 1983.4,5.
12. (1) Any vessel to which this section applies shall not enter
or leave a port in Malta or arrive at or leave a terminal in the
territorial waters of Malta or anchor within the territorial waters of
Malta, unless there is in force in respect of the vessel a contract of
insurance or other security recognised by the Minister for the
purposes of this section.
(2) The Minister shall recognise a contract of insurance or
other security for the purposes of this section if such contract or
security satisfies the requirements of Article VII of the
International Convention on Civil Liability for Oil Pollution
Damage done at Brussels on the 29th November, 1969, or such
requirements as the Minister may by notice in the Gazette specify:
  Provided that, where the Minister is of the opinion that there is
a doubt whether the person providing the insurance or other
security will be able to meet his obligations thereunder, or whether
the insurance or other security will cover the owner’s liability
under section 8 of this Act in all circumstances, he may refuse to
recognise such insurance or security.
(3) Documentary evidence to the effect that the vessel carries
the contract of insurance or other security required by subsection
(1) of this section shall, on demand, be produced by the master to
any officer of customs or to any proper officer.
(4) If any vessel enters or leaves, or attempts to enter or leave a
port or arrives at or attempts to arrive at or leave a terminal or
anchors within the territorial waters of Malta in contravention of
subsection (1) of this section, the master or the owner of the vessel
shall be liable, on conviction, to a fine ( multa ) not exceeding thirty
five thousand liri.
(5) If the master of the vessel fails to comply with any demand
made under subsection (3) of this section, he shall be liable, on
conviction, to a fine ( multa ) not exceeding four hundred liri.
(6) This section shall apply to any vessel carrying in bulk a
cargo of oil of a description prescribed by the Minister.
PART IV
MEASURES TO PREVENT AND CONTROL POLLUTION
Equipment in ships 
to prevent 
pollution. 
Amended by: 
XIII. 1983.4,5.
13. (1) For the purpose of preventing or controlling pollution
of the sea, the Minister may make regulations requiring Maltese
ships to be fitted with such equipment and to comply with such
other requirements as may be specified in the regulations.
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      9
(2) Without prejudice to the generality of subsection (1) of this
section, where any regulations made thereunder require ships to be
fitted with equipment of a specified description, the regulations
may provide that equipment of that description - 
( a ) shall not be installed in a ship to which the regulations
apply unless it is a type tested and approved in such
manner as may be prescribed;
( b ) while installed in such a ship, shall not be treated as
satisfying the requirements of the regulations unless,
at such times as may be prescribed, it is submitted for
testing and approval in such manner as may be
prescribed, and is so tested and approved.
(3) If, in the case of any ship, the provisions of any regulations
made under this section which apply to that ship are contravened,
the owner or master of the ship shall be guilty of an offence and, on
conviction, shall be liable to a fine ( multa ) not exceeding one
thousand liri.
Records. 
Amended by: 
XIII. 1983.4,5.
14. (1) The Minister may make regulations requiring record
books to be carried in Maltese ships and requiring the master of any
such ship to record in the record book carried by her - 
( a ) the carrying out, on board or in connection with the
ship, of such of the following operations as may be
prescribed, that is to say, operations relating to:
(i) the loading of any cargo of oil or other pollutant;
or
(ii) the transfer of any cargo of oil or other pollutant
during a voyage; or
(iii) the discharge of any cargo of oil or other
pollutant; or
(iv) the ballasting of tanks (whether cargo or bunker
fuel tanks) and the discharge of ballast from, and
cleaning of, such tanks; or
(v) the separation of oil from water, or from other
substances, in any mixture containing oil; or
(vi) the disposal of any oil or water, or any other
substance, arising from operations relating to
any of the matters specified in the preceding
sub-paragraphs; or
(vii) the disposal of any other residue of oil or other
pollutant;
( b ) any occasion on which oil or other pollutant or a
mixture containing oil or other pollutant is discharged
from the ship for the purpose of securing the safety of
any vessel, or of preventing damage to any vessel or
cargo, or of saving life;
( c ) any occasion on which oil or other pollutant or a
mixture containing oil or other pollutant is found to be
escaping, or to have escaped, from the ship in
consequence of damage to the ship, or by reason of
  10      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
leakage.
(2) The Minister may make regulations requiring the keeping
of records relating to the transfer of oil or other pollutant to and
from vessels while they are within the territorial waters of Malta,
and requiring the master of any such vessel, or such other person as
may be prescribed, to keep such records.
(3) The requirements of any regulation made under subsection
(2) of this section shall be in addition to the requirements of any
regulation made under subsection (1) of this section.
(4) Regulations under this section requiring the carrying of
record books or the keeping of records may - 
( a ) prescribe the form of record books or records and the
nature of the entries to be made in them;
( b ) require the person providing or keeping the books or
records to retain them for a prescribed period;
( c ) require a person, at the end of the prescribed period, to
transmit the books or records to a place or person
determined by or under the regulations;
( d ) provide for the custody or disposal of books or records
after their transmission to such a place or person.
(5) If any ship fails to carry such record book or books as she is
required to carry under this section, the owner or master shall be
liable, on conviction, to a fine ( multa ) not exceeding five hundred
liri.
(6) If any person fails to comply with any requirements
imposed on him by or under this section, he shall be liable, on
conviction, to a fine ( multa ) not exceeding five hundred liri.
(7) If any person makes an entry in any record book carried or
record kept under this section which is to his knowledge false or
misleading in any material particular, he shall be liable, on
conviction, to a fine ( multa ) not exceeding five hundred liri or
imprisonment for a term not exceeding six months, or to both such
fine and imprisonment.
(8) In any proceedings under this Act - 
( a ) any record book carried or record kept in pursuance of
regulations made under this section shall, unless the
contrary is proved, be sufficient evidence of the facts
stated in it;
( b ) any copy of an entry in such a record book or record
which is certified by the master of the ship in which
the book is carried or by the person by whom the
record is required to be kept to be a true copy of the
entry shall, unless the contrary is proved, be sufficient
evidence of the facts stated in the entry;
( c ) any document purporting to be a record book carried
or record kept in pursuance of regulations made under
this section, or purporting to be such certified copy as
is mentioned in paragraph ( b ) of this subsection shall,
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      11
unless the contrary is proved, be presumed to be such a
book, record or copy, as the case may be.
Duty of masters to 
report discharges 
into the territorial 
waters. 
Amended by: 
XIII.1983.4,5; 
XVII.1991. 81.
15. (1) If any oil or other pollutant or mixture containing oil
or other pollutant - 
( a ) is discharged from a vessel into the territorial waters
of Malta; or
( b ) is found to be escaping, or to have escaped, from a
vessel into such waters; or
( c ) is found to be escaping, or to have escaped, into such
waters from a place on land or a place afloat,
the owner or master of the ship, or the occupier of the place on land
or of the place afloat, as the case may be, shall forthwith report the
occurrence to the Malta Maritime Authority indicating under which
paragraph of this subsection the occurrence falls and giving such
details as may be required by such Authority.
(2) If a person fails to make a report as required by subsection
(1) of this section he shall be guilty of an offence and shall be liable
on conviction to a fine ( multa ) not exceeding five hundred liri.
Reporting of 
pollution 
accidents. 
Amended by: 
XIII. 1983.4,5.
16. (1) The Minister may make regulations requiring masters
of Maltese   ships   or   persons   in command of Maltese aircraft to 
report - 
( a ) all accidents or casualties which are causing or may
cause pollution of the sea by oil or other pollutant; and 
( b ) the presence, characteristics and extent of oil or other
pollutant observed on or in the sea,
to any such authority or organization and in such form and manner
as may be prescribed.
(2) If a master of a Maltese ship or a person in command of a
Maltese aircraft fails to make a report as required by any
regulations made under subsection (1) of this section, he shall be
liable, on conviction, to a fine ( multa ) not exceeding five hundred
liri.
PART V
INTERVENTION IN CASES OF OIL POLLUTION CASUALTIES
Shipping 
casualties.
17. (1) The powers conferred by this section shall be
exercisable where - 
( a ) an accident has occurred to or in a ship; and
( b ) in the opinion of the Minister, oil or other pollutant
from the ship will or may cause pollution on a large
scale in Malta or in the waters in or adjacent to Malta
up to the seaward limits of territorial waters; and
( c ) in the opinion of the Minister, the use of the powers
  12      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
conferred by this section is urgently needed,
and shall be exercisable subject to the provisions of this Act.
(2) For the purpose of preventing or reducing pollution, the
Minister may give directions as respects the ship or its cargo - 
( a ) to the owner of the ship, or to any person in possession
of the ship; or
( b ) to the master of the ship; or
( c ) to any salvor in possession of the ship, or to any
person who is the servant or agent of any salvor in
possession of the ship, and who is in charge of the
salvage operation.
(3) Directions under subsection (2) of this section may require
the person to whom they are given to take, or refrain from taking,
any action of any kind whatsoever, and without prejudice to the
generality of the preceding provisions of this subsection the
directions may require - 
( a ) that the ship is to be, or is not to be, moved, or is to be
moved to a specified place, or is to be removed from a
specified area or locality; or
( b ) that the ship is not to be moved to a specified place or
area, or over a specified route; or
( c ) that any oil or other pollutant or other cargo is to be, or
is not to be, unloaded or discharged; or
( d ) that specified salvage measures are to be, or are not to
be, taken.
(4) If in the opinion of the Minister, the powers conferred by
subsection (2) of this section are, or have proved to be, inadequate
for the purpose, the Minister may, for the purpose of preventing or
reducing pollution, or the risk of pollution, take, as respects the
ship or its cargo, any action of any kind whatsoever, and without
prejudice to the generality of the preceding provisions of this
subsection the Minister may - 
( a ) take any such action as he has power to require to be
taken by a direction under this section;
( b ) undertake operations for the sinking or destruction of
the ship, or any part of it, of a kind which is not within
the means of any person to whom he can give
directions;
( c ) undertake operations which involve the taking over of
control of the ship.
(5) The powers of the Minister under subsection (4) of this
section shall also be exercisable by such persons as may be
authorised in that behalf by the Minister.
(6) Every person concerned with compliance with directions
given, or with action taken, under this section shall use his best
endeavours to avoid any risk to human life.
(7) The provisions of this section and of section 20 of this Act
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      13
are without prejudice to any rights or powers of the Government of
Malta exercisable apart from those sections whether under
international law or otherwise.
(8) It is hereby declared that any action taken as respects a ship
which is under arrest or as respects the cargo of such a ship, being
action duly taken in pursuance of a direction given under this
section, or being any action taken under subsection (4) or (5) of this
section does not constitute contempt of court.
(9) In this section, unless the context otherwise requires -
"accident" includes the loss, stranding, abandonment of or
damage to a ship; and
"specified" in relation to a direction under this section, means
specified by the direction.
Right to recover in 
respect of 
unreasonable loss 
or damage.
Amended by: 
XXIV.1995.362.
18. (1) If any action duly taken by a person in pursuance of a
direction given to him under section 17 of this Act, or any action
taken under subsection (4) or (5) of that section - 
( a ) was not reasonably necessary to prevent or reduce
pollution, or risk of pollution; or
( b ) was such that the good it did or was likely to do was
disproportionately less than the expense incurred, or
damage suffered, as a result of the action, 
a person incurring expense or suffering damage as a result of, or by
himself taking, the action shall be entitled to recover compensation
from the Minister.
(2) In considering whether subsection (1) of this section
applies, account shall be taken of - 
( a ) the extent and risk of pollution if the action had not
been taken;
( b ) the likelihood of the action being effective; and
( c ) the extent of the damage which has been caused by the
action.
(3) Any reference in this section to the taking of any action
includes a reference to a compliance with a direction not to take
some specified action.
(4) The Civil Court, First Hall, shall have jurisdiction to hear
and determine any claim arising under this section.
Offences in 
relation to section 
17. 
Amended by: 
XIII. 1983.4,5.
19. (1) If the person to whom a direction is given under
section 17 of this Act contravenes, or fails to comply with, any
requirement of the direction, he shall be guilty of an offence.
(2) If a person wilfully obstructs any person who is - 
( a ) acting on behalf of the Minister in connection with the
giving or service of a direction under section 17 of this
Act;
( b ) acting in compliance with a direction under that
section; or
  14      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
( c ) acting under subsection (4) or (5) of that section, 
he shall be guilty of an offence.
(3) In proceedings for an offence under subsection (1) of this
section, it shall be a defence for the accused to prove that he has
used all due diligence to ensure compliance with the direction or
that he had reasonable cause for believing that compliance with the
direction would have involved a serious risk to human life.
(4) A person guilty of an offence under this section shall be
liable, on conviction, to a fine ( multa ) of not less than two hundred
and fifty liri and not more than fifty thousand liri.
Application of 
sections 17 to 19 to 
foreign ships.
20. (1) The Minister may by order in the Gazette provide that
sections 17 to 19 of this Act, together with any other provisions of
this Part of this Act stated in the order, shall apply to a ship - 
( a ) which is not a ship registered in Malta; and
( b ) which is for the time being outside the territorial
waters of Malta,
in such cases and circumstances as may be specified in the order,
and subject to such exceptions, adaptations and modifications, if
any, as may be so specified.
(2) Except as provided by an order made under subsection (1)
of this section, no direction under section 17 of this Act shall apply
to a ship which is not registered in Malta and which is for the time
being outside the territorial waters of Malta, and no action shall be
taken under subsection (4) or (5) of section 17 of this Act as
respects any such ship.
PART VI 
DUMPING AT SEA
Restrictions on 
dumping in the sea.
Amended by:
XIII. 1983.4,5.
21. (1) Subject to the provisions of this section, no person
shall, except in pursuance of a licence granted under section 22 of
this Act and in accordance with the terms of such licence -
( a ) dump any substance or article in the territorial waters
of Malta; or
( b ) dump any substance or article in the sea outside the
territorial waters of Malta from a Maltese ship, or a
Maltese aircraft or a Maltese marine structure; or
( c ) load any substance or article on to a vessel, aircraft or
marine structure in Malta or in the territorial waters of
Malta for dumping in the sea, whether in the territorial
waters of Malta or not; or 
( d ) cause or permit any substance or article to be dumped
or loaded as mentioned in paragraph ( a ), ( b ) or ( c )
above.
(2) Subject to subsections (3), (4) and (5) of this section,
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      15
substances and articles are dumped in the sea for the purposes of
this Part of this Act if they are permanently deposited in the sea
from a vehicle, vessel, aircraft or marine structure, or from a
structure on land constructed or adapted wholly or mainly for the
purpose of depositing solids in the sea.
(3) A discharge incidental to or derived from the normal
operation of ship, aircraft, vehicle or marine structure or of its
equipment shall not constitute dumping for the purposes of this Part
of this Act unless the ship, aircraft, vehicle or marine structure in
question is constructed or adapted wholly or mainly for the purpose
of the disposal of waste or spoil and the discharge takes place as
part of its operation for that purpose.
(4) Subject to subsections (5) and (6) of this section, any
person who contravenes any of the provisions of subsection (1) of
this section shall be guilty of an offence and shall be liable, on
conviction, to a fine ( multa ) of not more than ten thousand liri or to
imprisonment for a period not exceeding six months or to both such
fine and imprisonment.
(5) It shall be a defence for a person charged with an offence
under subsection (4) of this section to prove - 
( a ) that the substances or articles in question were dumped
for the purpose of securing the safety of a vessel,
aircraft or marine structure or of saving life; and
( b ) that he took steps within a reasonable time to inform
the Minister that the dumping had taken place and of
the locality and circumstances in which it took place
and the nature and quantity of the substances or
articles dumped,
unless the court is satisfied that the dumping was not necessary for
any of the purposes mentioned above and was not a reasonable step
to take in the circumstances.
(6) It shall be a defence for a person charged with an offence
under subsection (4) of this section to prove in relation to
substances or articles dumped outside the territorial waters of
Malta from a Maltese ship or aircraft that they were loaded on to it
in a Convention State and that the dumping was authorised by a
licence issued by a responsible authority in that State.
Licences. 
Amended by: 
XIII. 1983.4,5.
22. (1) In determining whether or not to grant a licence, the
Minister shall have regard to any Convention on dumping in the sea
to which Malta is a party and to the need to protect the marine
environment and the living resources which it supports from any
adverse consequences of dumping the substances or articles to
which the licence, if granted, will relate; and the Minister may
include such conditions in a licence as appear to him to be
necessary or expedient for the protection of that environment and
those resources from any such consequences, and for the purpose of
having regard to any Convention as aforesaid.
(2) The Minister may vary or revoke a licence if it appears to
him that the licence ought to be varied or revoked because of a
  16      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
breach of a condition included in it or of a change of circumstances
relating to the marine environment or the living resources which it
supports, including a change in scientific knowledge or in order to
give effect to any Convention as aforesaid.
(3) The Minister may require an applicant for a licence - 
( a ) to pay such fee on applying for it as may be
prescribed; 
( b ) to supply such information and permit such
examination and sampling of the substances or articles
which he desires to dump, or of similar substances or
articles, and to supply such information about the
method of dumping which he desires to use, as the
Minister may deem necessary or expedient;
( c ) to pay such amount, in addition to any fee under
paragraph ( a ) of this subsection, as the Minister may
determine towards the expense of any tests which in
the opinion of the Minister are necessary to enable him
to decide whether a licence should be granted and the
conditions which any licence that is granted is to
contain, and in particular any expense incurred in
connection with any monitoring to determine the effect
that dumping may have or has had on the marine
environment and the living resources which it
supports. 
(4) A licence - 
( 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 a time specified in the
licence;
( c ) shall specify the quantity and description of substances
or articles to which it relates; and
( d ) may make different provisions and conditions as to
different descriptions of substances or articles.
(5) The Minister may transfer a licence from the holder to any
other person on the application of that person or of the holder, but
shall have power to include additional conditions in a licence on
transferring it.
(6) Any person who for the purpose of procuring the grant or
transfer of a licence, or in purporting to carry out any duty imposed
on him as a condition of a licence, knowingly or recklessly makes a
false statement or knowingly or recklessly produces, furnishes,
signs or otherwise makes use of a document containing a false
statement shall be guilty of an offence and liable on conviction to a
fine ( multa ) not exceeding one thousand liri or to imprisonment for
a period not exceeding six months or to both such fine and
imprisonment.
Enforcement of 
provisions relating 
to dumping.
  23. (1) The Minister may charge such public officers or other
persons as he may deem proper (in this Part of the Act referred to
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      17
as "enforcement officers") with ensuring compliance with this Part
of this Act and with the terms and conditions of any licence granted
by him under section 22 of this Act.
(2) In the performance of his duty, an enforcement officer -
( a ) may at any reasonable time enter any place and board
any vehicle, vessel or marine structure, and inspect the
same, with or without persons and equipment to assist
him in his duties;
( b ) may open any container and examine and take samples
of any substance or article;
( c ) may examine equipment and require any person in
charge of it to do anything which appears to the officer
to be necessary for facilitating examination;
( d ) may require any person to produce any licences,
records or other documents which relate to the
dumping of substances or articles in the sea and which
are in his custody or possession;
( e ) may require any person on board a vessel, aircraft or
marine structure to produce any records or other
documents which relate to it and which are in his
custody or possession;
( f ) may take copies of any document produced under any
of the foregoing paragraphs of this subsection; and
( g ) may require the attendance before him of any person
he may deem necessary or expedient to examine.
Enforcement of 
Conventions, etc., 
relating to 
dumping.
24. The Minister may by order in the Gazette declare - 
( a ) that any procedure which has been developed for the
effective application of a Convention relating to
dumping in the sea to which Malta is a party, and
which is specified in the order, is an accepted
procedure as between Malta and the Government of
any Convention State similarly specified; and
( b ) that the powers conferred by section 23 of this Act
may be exercised for the purpose of the enforcement of
that procedure outside the territorial waters of Malta - 
(i) in relation to a Maltese ship by a person
authorised to enforce it by the Government of
that State (hereinafter referred to as a "foreign
enforcement officer"); and
(ii) in relation to a ship of that State, by an
enforcement officer,
and where an order has been made under this section the powers
conferred by section 23 of this Act shall be exercisable in
accordance with such order.
  18      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
Miscellaneous 
provisions as to 
enforcement 
officers. 
Amended by: 
XIII.1983.4,5.
25. (1) An enforcement officer or a foreign enforcement
officer shall not be liable in any civil or criminal proceedings for
anything purported to be done in the exercise of the powers
conferred on him by this Part of this Act if the court is satisfied that
the act was done in good faith and that there were reasonable
grounds for doing it. 
(2) Any person who - 
( a ) without reasonable excuse fails to comply with any
requirement imposed, or to answer any question asked,
by an enforcement officer or a foreign enforcement
officer under this Part of this Act;
( b ) without reasonable excuse prevents, or attempts to
prevent, any other person from complying with any
such requirement or answering any such questions; or
( c ) assaults any such officer while exercising any of the
powers conferred on him by or by virtue of this Part of
this Act or obstructs any such officer in the exercise of
any of those powers,
shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be
liable on conviction in the case of a first offence to a fine ( multa )
not exceeding two hundred liri, and in the case of a second or
subsequent offence to a fine ( multa ) not exceeding one thousand
liri, in respect of each offence.
Evidence. 26. (1) In any civil or criminal proceedings, a written
statement purporting to be a report made by an enforcement officer
or a foreign enforcement officer on matters ascertained in the
course of exercising his powers under this Part of this Act shall be
admissible as evidence to the like extent as oral evidence to the like
effect by that officer.
(2) Subsection (1) of this section shall be taken to be in
addition to and not derogate from the provisions of any other
enactment relating to the reception or admissibility of documentary
evidence.
PART VII 
GENERAL PROVISIONS
Power to make 
regulations etc.  
Amended by: 
XIII. 1983.4,5.
27. (1) Without prejudice to the powers conferred by the
foregoing provisions of this Act, the Minister may make such
regulations, rules or orders, or give such directions, as appear to
him to be necessary or expedient for the purpose of carrying into
operation any of the provisions of this Act, and in particular, but
without prejudice to the generality of the foregoing, the Minister
may make regulations - 
( a ) prescribing substances and classes of substances that
are, for the purposes of this Act, pollutants;
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      19
Cap. 234.
( b ) respecting the construction of ships carrying oil or
other pollutants and the fitting, maintenance, testing
and use of electronic and other navigational equipment
on such ships, in addition to any other equipment
required by any provision of the Merchant Shipping
Act or of any regulations made thereunder;
( c ) respecting the supplies and equipment to be carried by
and the fittings and installations required on ships
carrying oil or other pollutants for handling the oil or
other pollutant and dealing with any discharge thereof;
( d ) prescribing procedures to be followed when oil or
other pollutants are loaded or unloaded from a ship in
the territorial waters of Malta or are transferred on
board a ship in such waters;
( e ) prescribing the supplies and equipment to be
maintained by the operators of offshore and onshore
facilities for ships for use in any discharge of oil or
other pollutant;
( f ) prescribing measures for the protection of the marine
environment against pollution by garbage and sewage
from ships;
( g ) requiring persons carrying on any trade, business or
manufacture in Malta to install such equipment and to
take such other measures as may be prescribed for the
purpose of preventing or controlling pollution of the
sea by any trade effluent;
( h ) prescribing quantities of oil or other pollutants for the
purposes of the definition of "in bulk" in this Act;
( i ) respecting the method of retention of oil waste or other
wastes by ships carrying oil or other pollutants;
( j ) prescribing anything that is required or authorised by
this Act to be prescribed.
(2) Any power conferred on the Minister by this Act to make
regulations, rules or orders, or to give directions, shall include
power - 
( a ) to vary, alter or revoke any such regulation, rule, order
or direction, without prejudice to the making of a new
regulation, rule or order, or the giving of a new
direction;
( b ) subject to such limitations or other express provision
contained in this Act, to provide for fines ( multa  or
ammenda ) not exceeding ten thousand liri or
imprisonment not exceeding six months, or both, and
for such other sanction as the Minister may deem
appropriate;
( c ) to make such transitional or other incidental or
supplementary provision as may appear to the Minister
to be appropriate.
  20      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
(3) Regulations, rules and orders made, and directions given,
under any of the provisions of this Act may be made or given in the
English language only.
Powers of 
inspector. 
Amended by: 
XIII. 1983.4,5.
28. (1) The Minister may appoint or designate any person as
an inspector to report to him, either generally or for specific
purposes or on special occasions - 
( a ) whether the prohibitions, restrictions and obligations
imposed by virtue of this Act have been complied
with; 
( b ) what measures should be or need to be taken to prevent
the discharge of oil and other pollutants.
(2) A person appointed or designated under subsection (1) of
this section shall have power - 
( a ) to go on board any vessel and inspect the vessel or any
part thereof or any of the machinery, boats, equipment
or articles on board or any apparatus for transferring
oil or other pollutant, for the purpose of subsection (1)
of this section and of ascertaining the circumstances
relating to an alleged discharge of oil or other
pollutant from the vessel into the waters;
( b ) to go on board any vessel which is within the
territorial waters of Malta and which he has reasonable
grounds to suspect to be bound for a place in Malta,
and to conduct such inspections of the vessel as will
enable him to determine whether the vessel complies
with any of the provisions of this Act or of the
regulations made thereunder that are applicable to the
vessel;
( c ) to go on board any vessel and test any equipment on
board with which the vessel is required to be fitted in
pursuance of regulations made under this Act;
( d ) to require the production of any record book required
to be carried and any records required to be kept in
pursuance of regulations made under this Act;
( e) to go on board any Convention ship while the ship is
within a port or terminal in Malta, and to require
production of any record book, document or certificate
required to be carried in accordance with the
Convention;
( f) to copy any entry in any such book or record and
require the master to certify the copy as a true copy of
the entry;
( g ) to order any ship to proceed out of the territorial
waters of Malta by such route and in such manner as
he may direct, to remain outside such waters or to
proceed to and moor, anchor or remain for a
reasonable time specified by him and in a place
selected by him that is within the territorial waters of
Malta - 
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      21
(i) if he suspects, on reasonable grounds, that the
ship fails to comply with any of the provisions
of this Act or of the regulations made thereunder
that is or may be applicable to it; or
(ii) if, by reason of weather, visibility, sea
conditions, the condition of the ship or any of its
equipment, or any deficiency in its complement
or the nature and condition of its cargo, he is
satisfied that such an order is justified to prevent
the discharge of oil or other pollutant;
( h ) order any ship that he suspects, on reasonable grounds,
to be carrying oil or other pollutant, to proceed
through the territorial waters of Malta by a route
prescribed by him and at a rate of speed not in excess
of a rate stated by him; and
( i ) where he is informed that a substantial quantity of a
pollutant has been discharged in the territorial waters
of Malta or has entered such waters, or where on
reasonable grounds he is satisfied that a grave and
imminent danger of a substantial discharge of a
pollutant exists - 
(i) order all ships within a specified area in the
territorial waters of Malta to report their
position to him; and
(ii) order any ship to take part in the clean up of
such oil or other pollutant or in any action to
control or contain the pollutant.
(3) An inspector exercising any powers conferred by
subsection (2) of this section shall not unnecessarily detain or delay
the ship from proceeding on any voyage.
(4) Any power conferred by this section to test any equipment
on board a ship shall be construed as including a power to require
persons on board the ship to carry out such work as may be
requisite for the purpose of testing the equipment.
(5) Compensation shall be due and paid to the owner of any
ship for services rendered by such a ship in compliance with an
order under sub-paragraph (ii) of paragraph ( i ) of subsection (2) of
this section.
(6) If any person hinders or attempts to hinder any inspector
from going on board any vessel or otherwise impedes or attempts to
impede him in the execution of his duties or functions under this
section, or fails without reasonable excuse to comply with any
lawful requirement of the inspector, or prevents or attempts to
prevent any other person from complying with any such
requirement or knowingly makes a false or misleading statement
either verbally or in writing, to an inspector, that person shall for
each offence be liable to a fine ( multa ) not exceeding one thousand
liri.
  22      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
Enforcement of 
Conventions 
relating to 
pollution.
29. (1) If the Minister is satisfied - 
( a ) that the Government of any country has accepted, or
has denounced a Convention; or
( b ) that a Convention extends, or has ceased to extend, to
any territory,
he may, by order in the Gazette, make a declaration to that effect. 
(2) In this Act "Convention" means a Convention to which the
Government of Malta is a party and which relates, or in so far as it
relates, to the prevention of pollution of the sea.
Power to apply 
certain provisions 
to ships registered 
outside Malta.
30. (1) The Minister may by order in the Gazette direct that,
subject to such exceptions and modifications as may be specified in
the order, any provisions of this Act or of any regulations made
thereunder, which do not apply to ships registered in countries and
territories other than Malta shall apply to such ships at any time
when they are in a port in Malta, or are within the territorial waters
of Malta while on their way to or from a port in Malta.
(2) An order under subsection (1) of this section shall not be
made so as to impose different requirements in respect of ships of
different countries or territories; but if the Minister is satisfied, as
respects any country or territory, that ships registered there are
required by the law of that country or territory to comply with
provisions which are substantially the same as, or equally effective
with, the requirements imposed by virtue of the order, the Minister
may by order in the Gazette direct that those requirements shall not
apply to any ship registered in that country or territory if the ship
complies with such of those provisions as are applicable thereto
under the law of that country or territory.
(3) No provision shall by virtue of an order made under this
section apply to any ship as being within a port in Malta, or on her
way to or from such a port, if the ship would not have been within
the port, or as the case may be, on her way to or from the port, but
for stress of weather or any other circumstances which neither the
master nor the owner nor the charterer (if any) of the ship could
have prevented or forestalled.
Power to detain 
ship. 
Amended by: 
XIII. 1983.4,5.
31. (1) Where the Minister has reasonable cause to believe
that any oil or other pollutant or any mixture containing oil or other
pollutant has been discharged from any ship and the owner of the
ship has incurred a liability under section 8 or under section 10 of
this Act, the ship may be detained until the owner or insurers of the
ship deposit with the Government a sum of money, or furnish such
security, which would in the opinion of the Minister be adequate to
meet the owner’s liability under those sections.
(2) If a ship attempts to leave a port in Malta or the territorial
waters of Malta or a terminal within such waters in contravention
of section 22 of this Act the ship may be detained.
(3) Where a ship is to be or may be detained any commissioned
officer in the military service of Malta, any Police officer not below
the rank of inspector, any officer of customs, or a proper officer,
MARINE POLLUTION (PREVENTION AND CONTROL)  [ CAP. 271.      23
may detain the ship; and if the ship after detention, or after service
on the master of a notice of detention, proceeds to sea before it is
released by a competent authority, the master of the ship, and also
the owner and any person who sends the ship to sea, if that owner
or person is party or privy to the act of sending the ship to sea, shall
be guilty of an offence and shall be liable, on conviction, to a fine
( multa ) not exceeding fifty thousand liri.
(4) Any person authorised under this section to detain a ship
may, if he thinks it necessary, place a Police or other guard on
board and take such other measures as would impede the ship from
proceeding to sea.
Sale of ship to 
enforce payment of 
fines.
Amended by: 
XXIV.1995.362.
32. Where the owner or master of a ship had been convicted of
an offence under the provisions of this Act and any fine imposed
under this Act is not paid at or within the time ordered by the court,
the court shall, in addition to any powers for enforcing payment,
have power to direct the amount remaining unpaid to be levied by
distress and sale of the ship, her tackle, furniture and apparel, and
such court shall, for the purposes of this section, have all the
powers as are by law conferred on the Civil Court, First Hall.
Protection from 
liability.
33. (1) Save as provided in section 18 of this Act, any action
taken or omitted to be taken by the Minister under this Act, or by
any person acting under the authority of the Minister or otherwise
in the execution of this Act, shall not in any circumstances make
the Minister, whether personally or in representation of the
Government, liable to any action, liability or claim whatsoever.
(2) Any person acting under the authority of the Minister or
otherwise in the execution of this Act shall not be personally liable
for any damage or loss resulting from any act or default of such
person in carrying out his duties as aforesaid unless it is proved that
the act or default was not done  bona fide.
Government Ships.
to, any warship or any ship for the time being used by the
Government of Malta or by the Government of any foreign State
for any purpose other than commercial purposes.
Exemptions.
from any of the provisions of this Act or of any regulations made
thereunder, either absolutely or subject to such conditions as he
may deem appropriate.
Saving for other 
claims, restrictions, 
etc.
36. (1) Nothing in this Act shall prejudice any claim, or the
enforcement of any claim, a person incurring any liability under
this Act may have against another person in respect of that liability.
 (2) Nothing in this Act shall affect any restriction imposed by
or under any other enactment or shall derogate from any right of
action or other remedy (whether civil or criminal) in proceedings
instituted otherwise than under this Act.
Repeals.
Schedule to this Act shall have effect subject to the amendments
and repeals specified in relation thereto in the second column of
  24      CAP. 271. ]             MARINE POLLUTION (PREVENTION AND CONTROL)
that Schedule.
SCHEDULE 
ENACTMENT                            EXTENT OF AMENDMENT OR REPEAL
Code of Police Laws, Cap. 10.  Section 228 is repealed. 
Continental Shelf Act, Cap. 194.  Section 7 is repealed.
