Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

BR 20/1989

FISHERIES (ANTI-FOULING PAINTS PROHIBITION)
REGULA TIONS 1989

[made under section 13 of the Fisheries Act 1972 [title 25 item 8] and brought into operation on 20 June 1989 except for Regulations 4 and 5 which came into operation on 20 December 1989]

ARRANGEMENT OF REGULATIONS

1 Citation

2 Interpretation

3 Importation of organotin anti-fouling paint

4 Possession and sale of anti-fouling paint

5 Use of organotin anti-fouling paints

6 Cleaning of vessels

7 Commencement [omitted]

Citation

1 These Regulations may be cited as the Fisheries (Anti-Fouling Paints Prohibition) Regulations 1989.

Interpretation

2 In these Regulations, unless the context otherwise requires—

"the Act" means the Fisheries Act 1972 [title 25 item 8];

"the Director" means the Director of Agriculture, Fisheries and Parks;

"organotin anti-fouling paint" means any surface coating con taining organotin as one or more of the chemical compounds which have the effect of inhibiting the growth of or having other detrimental effects on freshwater, estuarial or marine life.

Importation of organotin anti-fouling paint

3 (1) No person shall import or cause to be imported into Bermuda any organotin anti-fouling paint unless the Minister has, by letter of authority to the importer, copied to the Director and the Collec tor of Customs, authorised the importation (in which case such authority shall be personal to the addressee), and such letter of authority has not been withdrawn and the organotin anti-fouling paint is imported in ac cordance with the conditions, if any, set out in the letter of authority.

(2) A letter of authority under paragraph (1) of this Regulation may specify the kind of container in which any organotin anti-fouling paint may be imported, the manner of labelling any such container and the contents of any such label.

(3) No organotin anti-fouling paint authorised for importation under paragraph (1) of this Regulation shall be imported by any person unless it is in a container specified in the letter of authority and labelled as specified in the said letter.

(4) Any Customs Officer may require the production of the let ter of authority issued under paragraph (1) of this Regulation at the time when the organotin anti-fouling paint is entered under the Revenue Act 1898 [title 14 item 10] and if no such letter is produced, the organotin anti-fouling paint shall be liable to forfeiture, and any such forfeiture shall, for the purposes of the Revenue Act 1898 be deemed to be forfei ture under that Act.

(5) Any person who contravenes any provision of this Regula tion commits an offence:

Punishment on summary conviction: imprisonment for one year or a fine of $5,000; and in any prosecution under this Regulation, a certificate purporting to be under the hand of the Minister stating that any con tainer, and additionally or alternatively, any label, is, or is not, as the case may be, specified for the purpose in a letter of authority under paragraph (1) of this Regulation, shall be admissible in evidence in any proceedings and shall be prima facie evidence of those facts.

Possession and sale of anti-fouling paint

4 (1) No person shall possess or sell, or offer for sale, or expose for the purpose of sale, any organotin anti-fouling paint unless such paint has been imported in accordance with Regulation 3.

(2) No person shall possess or sell, or offer for sale, any organ otin anti-fouling paint which has been repackaged subsequent to im portation.

(3) Any person who contravenes any provision of this Regula tion commits an offence:

Punishment on summary conviction: imprisonment for one year or a fine of $5,000.

Use of organotin anti-fouling paints

5 (1) No person shall in Bermuda apply or cause to be applied to any thing any organotin anti-fouling paint unless such paint has been imported in accordance with Regulation 3.

(2) Any person who contravenes any provision of this Regula tion—

(a) shall be required upon written notice given by the Min ister to remove from the waters of Bermuda any thing to which the organotin anti-fouling paint has been applied; and

(b) commits an offence:

Punishment on summary conviction: imprisonment for one year or a fine of $5,000.

Cleaning of vessels

6 (1) No person shall in the waters of Bermuda clean, or allow to be cleaned the hull or bottom of any vessel which is painted with an organotin anti-fouling paint.

(2) Any person who contravenes this Regulation—

(a) shall be required upon written notice given by the Min ister to cease forthwith the cleaning procedure; and

(b) commits an offence:

Punishment on summary conviction: imprisonment for one year or a fine of $5,000.

Commencement

7 [omitted]

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