Local Law on Marine Pollution

DEFINITIONS

Environmental Protection Act

In this Act, unless the context otherwise requires:

" Administrator" means the administrative head of the Authority as notified by the Minister;

"Agency" means the Agency designated under section 12;

"Authority" means the Authority referred to in section 4;

"Council" means the National Environment Advisory Council established under section 5;

"dumping" means any deliberate disposal of wastes or other matter from vehicles,
vessels, aircraft, platforms or other man-made structures at sea;

"effluent" means waste water or any other liquid with or without particles of matter in
suspension therein of domestic, agricultural, trade or industrial origin, treated or untreated,
and discharged directly or indirectly into the environment.

"environment" means air, water and land and the inter-relationship which exists among and
between air, water and land, and human beings, other living creatures, plants,
micro-organisms and property;

"hazardous substance" means any substance or preparation which by reason of its chemical
or physico-chemical properties or handling , is liable to cause harm to human beings, other
living creatures, plants, micro-organisms, property or the environment;

"hazardous waste" means waste which is poisonous, corrosive, irritant, noxious, explosive,
inflammable, toxic or harmful to the environment;

"pollutant" means any solid, liquid or gaseous substance or energy present in such
concentration as may be, or tend to be, injurious to environment;

"pollution" means the presence in the environment of one or more pollutants;

"polluter" means a person who contributes to or creates a condition of pollution;

"wastes" means garbage, refuse, sludges, construction debris and other discarded
substances resulting from industrial and commercial operations or from domestic, individual
and community activity.

"watercourse" includes any river, stream, dam, reservoir, water catchment and wetlands;
 "wetland" includes all freshwater and tidal areas that are or may be submerged or
periodically submerged under fresh or salt water, including all bodies or areas commonly
referred to as marshes, swamps, beaches and flats.

Merchant Shipping Act

3. In this Act, unless the context otherwise requires

authorised officer, in relation to any provision of this Act, means a person designated
pursuant to section 238 to be an authorized officer for the purposes of this Act, or for the
purposes of any provision of this Act;

vessel includes any ship, boat, sailing vessel, or other description of vessel used in
navigation;

Article 4 of Marpol Violation and Sanctions

Environment Protection Act

PART III

PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION

15. The Minister may by regulations provide for -

(a) the preservation of fishing areas, drinking water sources and reservoirs, recreational
and other areas where water may need special protection; and

(b) carrying out works which appear to be necessary to prevent, control or abate water
pollution from natural causes or from abandoned works or projects or activities.

18. (1) The Minister may, in consultation with the Minister in charge of water resources, by notice
in the gazette declare a protection zone for the purposes of protecting the catchment areas used
for abstracting water for supplying to the Community.

(2) The Minister may by regulations prohibit or regulate in the protection zone activities
which may affect the quality of the water directly or indirectly.

19. (1) No person shall, without an authorisation from the Ministry, discharge or place into the
ground or dispose of in the sub-oil, or dig into the ground any effluent or pollutiong or hazardous
substance or waste.

(3) In considering an application for an authorisation under subsection (1), the ministry shall take
into account any risk of pulltion to the water-supply or any other consideration of the protection of
the environment.
20. (1) No person shall, without an authorisation from the Ministry, discharge effluent or throw,
deposit, or place any polluting or hazardous substance or waste or any obstructing matter into in
any watercourse or in the territorial waters.

68. (2) A person who commits an offence under section 20 (1) is liable, on conviction,
to a fine of not less than R100,000 and, not exceeding SCR 1,000,000 or to 2 years
imprisonment for to both such fine and imprisonment.

28. (1) The minister may, by notice publishes in the Gizette declare one or more Coastal Zones with
subsidiary zones therein to cater for

(c) zones dedicated to the preservation and rehabilitation/conservation of coastal biodiversity; and

(2) No person shall release or cause to be released into a Coastal Zone polluting or hazardous
substances by dumping or through the atmosphere.

68. (2) A person who commits an offence under section 28 (2) is liable, on conviction,
to a fine of not less than R100,000 and, not exceeding SCR 1,000,000 or to 2 years
imprisonment for to both such fine and imprisonment.

30. (1) The Minister may make such regulations to ensure that activities in the Coastal Zone are
conducted so as not to cause damage to the environment and to provide for such measures as are
necessary to prevent, reduce and control pollution in the Coastal Zone.

(2) Notwithstanding the generality of paragraph (a), the regulations may provide
for -

(ai) the control and prevention of pollution of the marine environment from
land-based sources, including rivers, estuaries, pipelines and outfall
structures;

(b) such other matters relating to the preservation and conservation of the
Coastal Zone.

39. (1) No person shall dispose of any hazardous waste except in accordance with the
authorisation from the Ministry.

(2) No person shall transport hazardous waste within or through Seychelles without an
authorisation from the Ministry.

(3) No person shall export hazardous waste to any country without obtaining an
authorisation from the Ministry and the prior informed consent of the receiving
country.

68. (2) A person who commits an offence under sections 39 (1), (2) and (3) is liable, on
conviction, to a fine of not less than R100,000 and, not exceeding SCR 1,000,000 or to 2
years imprisonment for to both such fine and imprisonment.

40. (1) No person shall handle or cause to be handled any hazardous substance except in
accordance with such procedures and after complying with such safeguards as may be prescribed.
 (2) "Handling", in relation to any substance, means the manufacture, processing,
treatment, package, storage, transportation, importation, use, collection, destruction, conversion,
offering for sale, transfer or the like of a substance.

(3) A person who contravenes subsection (1) is guilty of an offence under this Act.

68. (2) A person who commits an offence under sections 40 (1), (2) and (3) is liable, on
conviction, to a fine of not less than R100,000 and, not exceeding SCR 1,000,000 or to 2
years imprisonment for to both such fine and imprisonment.

Merchant Shipping Act

PART XVII

MARINE POLLUTION

245.

(1) The provisions of this Act shall be without prejudice to the laws relating to the protection of
the Marine Environment or any incident involving pollution from shipping.

(2) Where there is no law or where such law is deficient in Seychelles relating to the protection of
the Marine environment or any incident involving pollution from shipping the Minister may in
consultation with the Minister responsible for environment make regulations for the protection of
the marine environment and other activities relating to the safety of shipping.

(3) Regulations made under subsection (2) may create offences and provide penalties therefor

(a) not exceeding fines of R200,000 or imprisonment not exceeding 5 years;

(b) for forfeiture of vessel;

(c) any may also provide for continuing offences for each day the offence is continued
after conviction.

(4) The Harbour Master may issue directions to the owner or master of any vessel to prevent the
occurrence of environmental damage and to minimize harmful effects to the marine
environment, and to repair as far as possible any such damage.

(5) The owner or master of a vessel who fails to comply with any directions given under
subsection (3) is guilty of an offence and liable to a penalty of a fine of R200,000 or imprisonment
not exceeding 5 years.
Protocol I Provisions concerning Reports on incidents involving
harmful substances (in accordance to art. 8)
DUTY TO REPORT

Section 245(2)

Merchant Shipping (Oil Pollution Preparedness and Response) Regulations

3. The Registrar of Shipping shall ensure that

(a) All ships registered under the Act other than Government ships have on board a shipboard a
shipboard oil pollution emergency plan as required by the International Maritime Organisation;

(b) the masters of such ships are informed that while such a ship is in a port or at an offshore
terminal under the jurisdiction of a State party to the Convention, the ship is subject to inspection by
officers authorised by such Party.

5. The master or person having charge of a ship registered in Seychelles, or a person having
charge of an offshore unit shall report without delay any event on the ship or offshore unit
involving a discharge or probable discharge of oil or an observed event at sea involving a discharge
of oil or the presence of oil

(a) in the case of a ship, to the Competent Authority or the nearest coastal State as the
case may be;

(b) in the case of an offshore unit, to the Competent Authority.

6. A person having charge of a sea port or oil handing facility in Seychelles shall report without
delay any event involving a discharge or probable discharge of oil or presence of oil to the
Competent Authority.

7. It shall be the duty of persons in charge of maritime inspection vessels or aircraft and other
officials to report without delays any observed event at sea or at a sea port or oil handling facility
involving a discharge of oil or presence of oil to the Competent Authority or as the case may be to
the nearest coastal State.

8. (1) Whenever the Competent Authority becomes aware of any event involving a
discharge or probable discharge of oil or the present of oil at sea it shall

(a) assess the event to determine whether it is an oil pollution incident;

(b) assess the nature, extent and possible consequences of the oil pollution incident; and

(c) then, without delay, inform all States whose interests are, or likely to be, affected by such
incident of such incident together with

(i) details of its assessment and any action it has taken or intends to take, to deal with the
incident, and
(ii) further information as appropriate,

until the action taken to respond to the incident has been concluded or until joint action has been
decided by such States.

(2) If the severity of the oil pollution incident so justifies the Competent Authority shall provide
the information directly or through any relevant regional organization to the International Maritime
Organisation.

9. The officer commanding the Seychelles Coast Guards shall be the Competent Authority for the
purpose of these Regulations.

10. The Competent Authority shall be responsible for the receipt and transmission of oil pollution
reports in Seychelles under these Regulations.

11. The Competent Authority shall prepare, and from time to time revise, a national contingency
plan for the preparedness and response to an oil pollution incident in accordance with the guidelines
provided by the International Maritime Organisation.

12. The Competent Authority shall, in cooperation with local and international organisations

(a) maintain a minimum level of propositioned oil spill combating equipment as may be
appropriate;

(b) carry out a programme of exercises for oil pollution response organizations and training of
personnel;

(c) establish detailed plans and communication capabilities for responding to an oil pollution
incident;

(d) set up a mechanism or arrangement to coordinate the response to an oil pollution incident
and to mobilize the necessary resources;

(e) coordinate the national activities with any relevant regional organisation and International
Maritime Organisation;

(f) cooperate with other Sates and international Organisations as provided by the Conventions;

(g) promote, and exchange results of, research and development programmes relating to
technologies for combating oil pollutions; and

(h) promote technical cooperation among Parties to the Convention.

13. Any person required by any of the regulations 5, 6 and 7 to report an event involving the
discharge of oil or the present of oil, who knowingly fails to comply with such regulations is guilty of
an offence punishable with a fine of R10,000 or imprisonment for a term of 12 months or both such
fine and imprisonment.