LEX-FAOC087827

This Act consists of 33 sections divided into 5 Parts: Preliminary (I); Prevention of pollution (II); Dumping and incineration of wastes (III); Marine casualties (IV); Miscellaneous provisions (V).; The Minister may, from time to time, by Order, declare a substance to be a pollutant for the purposes of this Act (sect. 2). Section 3 prohibits the discharge of oil or pollutants into Tuvalu waters, i.e. internal and territorial waters and the EEZ of Tuvalu. Section 4 prohibits discharge of oil or pollutants into waters outside Tuvalu waters by Tuvaluan ships, whereas section 5 prohibits discharge of garbage and sewage from ships and platforms into the marine environment. Sections 7 and 8 prescribe equipment on board of ships to prevent or to deal with pollution. Section 11 introduces a duty to report on discharge any oil or any pollutant in Tuvalu waters by the owner or master of the ship, or the owner or person in charge of operations on the platform or structure. Section 13 concerns the keeping of records regarding operations that may cause pollution by ships or platforms. Section 15 provides summarily for the enforcement of Conventions on the prevention of pollution. Section 18 declares an offence to dump radioactive waste and other radioactive matter. Other offences are the storage of radioactive waste or toxic or other hazardous waste in Tuvalu waters or in the seabed or in the subsoil of the seabed below Tuvalu waters and dumping of waste or other matter without a permit (sects. 19 to 22). Section 23 concerns permits to dump or incinerate waste to be granted by the Minister. The provisions of this Act, except provisions which are expressed as applying only to Tuvaluan ships, shall, subject to any exemptions expressly conferred by or under this Act apply to all ships (sect. 29). (completed by 2 Schedules: Criteria to Govern Dumping of Waste and other matters [1]; Criteria to Govern Incineration of Waste and Other Matter at Sea [2]).