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Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)

Regulations

Regulations relating to the Prevention and Combating of Pollution of the Sea by Oil

Chapter VII : Oil Dispersants

27. Use of oil dispersants

 

(1) Subject to subregulation (2), no oil dispersant may be used in the sea within the prohibited area, unless—
(a) it has been approved; and
(b) its use in the circumstances has been authorized by an officer of the Department of Environmental Affairs and Tourism.

 

(2) Subregulation (1) does not prohibit the use of an approved oil dispersant in emergencies specified in the oil dispersant policy.

 

(3) Oil dispersants must be used, and their use recorded, in accordance with the oil dispersant policy and any directions given by an officer of the Department of Environmental Affairs and Tourism in terms of that policy.

 

(4) A person who contravenes this regulation is guilty of an offence punishable on conviction by a fine not exceeding R10 000.

 

(5) In this regulation—

"approved",  in relation to an oil dispersant, means approved by the South African Bureau of Standards and having passed the relevant toxicity and efficiency tests prescribed in terms of the oil dispersant policy;

"contravention" includes failing or refusing to comply;

"oil dispersant" means any chemical substance designed to combat pollution of the sea by oil;

"oil dispersant policy" means the "Policy on the use of oil spill dispersants in South African waters", compiled by, and obtainable from, the Department of Environmental Affairs and Tourism.

 

[Chapter VII inserted by  Notice No. R. 662 dated 9 May 1997 and renumbered by paragraph 4 of Notice No. R. 1613 dated 5 December 1997]