Sri Lanka Consolidated Acts

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Marine Pollution Prevention Act (No. 59 of 1981) - Sect 10

Record books relating to oil and pollutants

10.
(1) All ships in Sri Lanka waters shall carry record books relating to oil and other pollutants.
(2) The master of any ship referred to in subsection (1) shall record in the oil record books the carrying out, on board or in connection with the ship, operations relating
(a) the loading of oil cargo ;
(b) the transfer of oil cargo to and from a ship in Sri Lanka waters ;
(c) the discharge of oil cargo ;
(d) the ballasting of oil tanks (whether cargo or bunker fuel tanks) and the discharge of ballast from, and cleaning of, such tanks ;
(e) the separation of oil from water, or from other substances, in any mixture containing oil;
(f) the disposal of any other oil residue ;
(g) the disposal of any oil or water, or any other substance arising from operations relating to any matters specified in the preceding sub-paragraph;
(h) any occasion on which oil or a mixture containing oil is discharged from the ship for the purpose of securing the safety of any ship or of preventing damage to any ship or cargo or for saving human lives ;
(i) any occasion on which oil or a mixture containing oil is found to be escaping or to have escaped from the ship in consequence of damage to the ship or by reason of leakage ; and
(j) such other operations as may be prescribed.
(3) Any records required to be kept under subsection (1) shall be kept by the master or the person in charge of the ship and where such ship is a barge"
(i) in so far as they relate to the transfer of oil to the barge, by the person supplying the oil; and
(ii) in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered.
(4) The master of any ship referred to in subsection (1) shall record in the record book carried as an official log book or as a separate log book records relating to the discharge or escape of pollutants that may be prescribed.
(5) The form of the record book and other records to be kept under this section shall be substantially in the prescribed form.
(6) If any ship fails to carry a record book the owner, operator, agent or the master of such ship shall be guilty of an offence.
(7) Any person who 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, shall be guilty of an offence.
(8) Record books relating to oil and other pollutants shall be kept in such a place as to be readily available for inspection at all reasonable times, and except in the case of unmanned ships under tow, shall be kept on board the ship. They shall be preserved for a period of two years after the last entry has been made.
(9) The Authority or any officer authorized in writing by the Authority may inspect on board any ship while within Sri Lanka waters the oil record book or the record book relating to pollutants and may require the master of the ship to forward to the Authority a certified true copy of the entries made in the record book relating to oil or other pollutants.
(10) Any person guilty of an offence under subsection (6) or subsection (7) shall be liable on conviction to a fine not exceeding one hundred thousand rupees.
(11) In any proceedings under this Act"
(a) any record book carried or records kept in pursuance of this section shall be admissible as evidence of the facts stated therein ;
(b) any copy of an entry in such 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 be admissible as evidence of the facts stated therein;
(c) any document purporting to be a record book carried or record kept in pursuance of this section, or purporting to be such a certified copy as is mentioned in paragraph (b) of this subsection shall, unless the contrary is proved, be presumed to be such a book, record or copy, as the case may be.


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