Marpol Manual

2008 Marine Pollution Prevention No.
SAMOA
Arrangement of Provisions
PART I 13. Management of waste

PRELIMINARY from ship repair facilities
14. Discharge Permits
Sections 15. Waste reception facilities
1. Short title and in ports
commencement 16. Duty to report discharges
2. Interpretation 17. Records
3. Application of 18. Powers of inspection
international marine
pollution conventions PART III
under the laws of Samoa MARINE POLLUTION
4. Act to bind the RESPONSE
Government
5. Application of this Act and 19. General application of this
other pollution laws Part
6. Criminal liability under 20. Committee to be
this Act established under this Part
21. Marine Spill Contingency
PART II Plans
MARINE POLLUTION 22. Regional Cooperation
PREVENTION 23. Appointment of On Scene
Commander
7. Design of vessels and pollution 24. Marine pollution response
prevention equipment equipment
8. Operation of vessels 25. National Marine Pollution
9. Discharge of pollutants and Fund (POLFUND)
harmful substances 26. Application of POLFUND
10. Discharge of ballast water monies
11. Hull scraping and cleaning 27. Approval of expenditure
12. Anti-fouling systems from the POLFUND
2 Marine Pollution Prevention 2008, No.2
28. Marine Pollution Levies 48. Limitation of liability for
29. Establishment and pollution damage from
maintenance of maximum bunkers
POLFUND level 49. Rights of owner on
30. Rates and basis of marine constitution of fund
pollution levies 50. Requirement for insurance
31. Incurring of levies for pollution damage
32. Payment of levies 51. Issue of Certificates for
33. Vessels not entitled to Samoan ships and bunkers
certificate of clearance 52. Failure to carry the
until levies paid required certificate of
34. Offences insurance
35. Recovery of levies 53. Limitation periods for
compensation claims
PART IV 54. Jurisdiction of courts
MARINE CASUALTIES where pollution damage
occurs in more than one
36. General application of this State
Part 55. Judgements enforceable
37. Powers in relation to 56. Exemptions
marine casualties 57. International Fund
38. Right to compensation 58. Application of the Fund
39. Offences Convention 92
40. Protection from liability 59. Claims to the
International Fund
PART V
LIABILITY AND PART VI
COMPENSATION FOR DUMPING AND
POLLUTION DAMAGE INCINERATION OF
FROM SHIPS WASTES
41.General application of this 60. General application of this

Part Part
42. Liability for oil pollution 61. Offences relating to
damage disposing of wastes at sea
43. Liability for pollution
damage from hazardous PART VII
and noxious substances MISCELLANEOUS
44. Liability for pollution PROVISIONS
damage from bunkers
45. Actions for compensation 62. General offences and
46. Limitation of liability for penalties
oil pollution damage 63. Recovery of fines by
47. Limitation of liability for distress
damage from hazardous 64. Regulations
and noxious substances
__________
2008, No.2 Marine Pollution Prevention 3
2008, No. 2
AN ACT to provide for the prevention of pollution to the

marine environment and for responses to marine
pollution incidents emanating from vessels, and other
matters related to the implementation of international
marine pollution conventions. [25th January 2008]
BE IT ENACTED by the Legislative Assembly of Samoa in

Parliament assembled as follows:
PART I - PRELIMINARY
1. Short title and commencement-(1) This Act may be

cited as the Marine Pollution Prevention Act 2008.
(2) This Act shall commence on the date that it is assented
to by the Head of State.
2. Interpretation-(1) In this Act, unless the context

otherwise requires -
“abrasive blasting medium” means any substance used to
remove paint, rust and other material from metal and
timber surfaces using an abrasive blasting technique,
including but not restricted to copper slag, garnet, glass
and sand;
“Anti-fouling Convention” means the International
Convention on the Control of Harmful Anti-fouling
Systems on Ships 2001;
“anti-fouling systems” means a coating, painting, surface
treatment, surface or device that is used on a ship to
control or prevent attachment of unwanted organisms;
“ballast water” has the meaning given to it in Marpol 73/78;

“Bunker oil” means any hydrocarbon mineral oil, including
lubricating oil, used or intended to be used for the
operation or propulsion of the ship, and any residues of
such oil;
“Bunkers Convention” means the International Convention
on Civil Liability for Bunker Oil Pollution Damage,
2001;
“Chief Executive Officer” means the Chief Executive
Officer of the Ministry responsible for maritime
transport;
“CLC 92” means the International Convention on Civil
Liability for Oil Pollution Damage, 1992;
“Committee” means the Marine Pollution Advisory
Committee established under section 20(3);
“contributing oil” means -
(a) in Part V of this Act, crude oil and fuel oil as defined
below -
“crude oil” means any liquid hydrocarbon mixture
occurring naturally in the earth whether or not
treated to render it suitable for transportation. It
also includes crude oils from which certain
distillate fractions have been removed
(sometimes referred to as “topped crudes”) or to
which certain distillate fractions have been
added (sometimes referred to as “spiked” or
“reconstituted” crudes);
“fuel oil” means heavy distillates or residues from
crude oil or blends of such materials intended for
use as a fuel for the production of heat or power
of a quality equivalent to the “American Society
for Testing and Materials’ Specification for
Number Four Fuel Oil (Designation D 396-69)”,
or heavier; and
(b) subject to paragraph (a), any oil carried as cargo by
sea and loaded onto or discharged from a vessel
in Samoan waters.
“contributing chemical site” means any site within Samoa

where chemicals are manufactured, stored or utilised and
which, in accordance with Regulations made under this
Act, are determined to constitute a marine pollution risk;
“contributing oil site” means any oil transfer site in Samoa
or Samoan waters;
“contributing vessel” means a vessel in excess of 100 gross
tons, whose principal means of propulsion is
mechanical;
“Convention to which this Act applies” means the
Conventions listed in section 3(1), and includes any
other international marine pollution convention,
protocol, agreement or arrangement added to the list by
regulations made in accordance with section 3(2);
“discharge” means in relation to pollutants, harmful
substances or effluents containing such pollutants or
substances, any release into the sea howsoever caused
from a vessel, platform or place on land and includes
any escape, disposal, spilling, leaking, pumping,
emitting or emptying, but does not include -
(a) dumping within the meaning of the London
Convention; or
(b) release of pollutants or harmful substances for
purposes of pollution abatement or control, or for
purposes of combating specific pollution
incidents, as permitted by the Chief Executive
Officer under section 14.
“dumping” means -
(a) any deliberate disposal into the sea of wastes or
other matter from vessels, aircraft, platforms or
other man-made structures at sea; and
(b) any deliberate disposal into the sea of vessels,
aircraft, platforms or other man-made structures
at sea; and
(c) any storage of wastes or other matter in the seabed
and the subsoil thereof from vessels, aircraft,
platforms or other man-made structures at sea;

and
(d) any abandonment or toppling at site of platforms or
other man-made structures at sea, for the sole
purpose of deliberate disposal;
but does not include -
(e) the discharge of wastes or other matter incidental to,
or derived from, the normal operation of vessels,
aircraft, platforms or other man-made structures
at sea and their equipment, other than wastes or
other matter transported by or to vessels, aircraft,
platforms or other man-made structures at sea
operating for the purpose of disposal of such
matter or derived from the treatment of such
wastes or other matter on such vessels, aircraft,
platforms and other man-made structures; or
(f) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is
not contrary to the aims of this Act; or
(g) abandonment in the sea of matter such as cables,
pipelines and marine research devices placed for
the purpose other than the mere disposal thereof
-
and “to dump” and “dumped” have corresponding meanings;
“Discharge Permit” means permission to discharge for
purposes of combating specific pollution incidents
granted in advance by the Chief Executive Officer under
section 14;
“FUND Convention 92” means the International
Convention on the Establishment of an International
Fund for Compensation for Oil Pollution Damage, 1992;
“FUND 92” means the international organisation
established under FUND Convention 92;
“garbage” includes all kinds of food, domestic and
operational waste, including plastics, excluding fresh
fish and parts of fresh fish, generated during the normal
operation of a vessel and liable to be disposed of
continuously or periodically, but does not include oil,

noxious liquid substances and other pollutants, or
sewage from vessels;
“Government” means the Government of Samoa;
“harmful substance” means any substance which, if
introduced into the sea, is liable to create hazards to
human health, to harm living resources and marine life,
to damage amenities or to interfere with other legitimate
uses of the sea, and without affecting the general
application of this definition, includes any substance
deemed by this Act and any other law, and by
regulations made under this Act, to be a harmful
substance in the context of the marine environment;
“HNS Convention” means the International Convention on
Liability and Compensation for Damage in Connection
with the Carriage of Hazardous and Noxious Substances
by Sea, 1996;
“HNS Protocol” means the Protocol on Preparedness,
Response and Co-operation to Pollution Incidents by
Hazardous and Noxious Substances, 2000 (HNS
Protocol), which is a Protocol to the OPRC Convention;
“hull cleaning” means the cleaning of the hull and other
external surfaces of a vessel to remove marine
organisms that may be attached to or living on that hull
or external surface;
“incident” means any occurrence, or series of occurrences
having the same origin, which causes a discharge or
creates a grave or imminent threat of causing a
discharge;
“incineration at sea” means the combustion on board a
vessel, platform or other man-made structure at sea of
wastes or other matter for the purpose of their deliberate
disposal by thermal destruction; but does not include the
incineration of wastes or other matter on board a vessel,
platform or other man-made structure at sea if such
wastes or other matter were generated during the normal
operation of the vessel, platform or other man-made
structure at sea - and “to incinerate” and “incinerated”

have corresponding meanings;
“IMDG Code” means the International Maritime Dangerous
Goods Code published by the International Maritime
Organisation from time to time;
“International Fund” means the “International Oil Pollution
Compensation Fund 1992” established under FUND
Convention 92;
“International Maritime Convention” means a convention
relating to the prevention of and response to marine
pollution, for the compensation of damage resulting
from marine pollution and to maritime safety, including
those listed in section 3;
“International Maritime Organisation” means the
organisation set up under the International Maritime
Organisation Convention 1958 whose task is to develop
a comprehensive body of international maritime
conventions, codes and recommendations which could
be implemented by all members to the conventions;
“INTERVENTION Convention” means the International
Convention Relating to Intervention on the High Seas in
Cases of Oil Pollution Casualties (1969) and the
Protocol relating to Intervention on the High Seas in
Cases of Pollution by Substances Other than Oil, 1973;
“London Convention” means the Convention on the
Prevention of Marine Pollution by Dumping of Wastes
and Other Matter (1972), as amended by the Protocol of
1996 relating thereto;
“marine casualty” means a collision, grounding or stranding
of a vessel or vessels or other incident of navigation, or
other occurrence on board a vessel, or external to it
resulting in material damage or imminent threat of
material damage to a vessel or cargo;
“marine pollution incident” means the actual or probable
discharge of any pollutant or other harmful substance
from any vessel or any platform or any place on land;
“MARPOL 73/78” means the International Convention for

the Prevention of Pollution from Ships (1973) as
modified by the Protocol of 1978 relating thereto;
“master” means the person in charge of a vessel at any one
time;
“Minister” means the Minister responsible for maritime
transport;
“NATPLAN” means National Marine Spill Contingency
Plan as referred in section 21;
“non-indigenous harmful aquatic organisms or pathogens”
means any species of aquatic microbe, plant or animal
whose natural biogeographical range does not include
Samoan waters and which, if introduced into Samoan
waters, has the potential to create hazards to human
health, to harm living resources and marine life, to
damage or impair facilities and amenities or to interfere
with other legitimate uses of the sea, and includes exotic
invasive species;
“noxious liquid substances” means any substance referred to
in Appendix II of Annex II of MARPOL 73/78;
“occupier”, means the occupant of land or premises or
building, and if the land or premises or building is
unoccupied or the occupier is unknown or cannot be
found, includes the owner of the land or premises or
building or the owner of any interest in the land or
premises or building;
“oil” means -
(a) petroleum in any form including crude oil, fuel oil,
sludge, oil refuse and refined products (other
than petrochemicals which are subject to the
provisions of Annex II of MARPOL 73/78) and,
without limiting the generality of the foregoing,
includes the substances listed in Appendix I to
Annex I of MARPOL 73/78; and
(b) in Part V of this Act, any persistent hydrocarbon

mineral oil such as crude oil, fuel oil, heavy
diesel oil and lubricating oil, whether carried on
board a ship as cargo or in the bunkers of such
ship;
“oil tanker” means a ship constructed or adapted for the
carriage of oil in bulk as cargo and includes combination
carriers and any chemical tanker as defined in Annex II
of MARPOL 73/78 when it is carrying oil in bulk as
cargo and during any voyage following such carriage
unless it is proved that it has no residues of such carriage
of oil in bulk aboard;
“oil transfer site” means any land, site, building, structure or
facility (whether on land or above the seabed) that is
used to transfer oil, or at or from which oil is transferred
to or from a vessel or offshore installation;
“oily mixture” means a mixture with any oil content;
“OPRC Convention” means the International Convention on
Oil Pollution Preparedness, Response and Co-operation,
1990;
“owner” means -
(a) in relation to any vessel -
(i) the registered owner or owners, if the
vessel is a registered vessel;
(ii) the person owning the vessel, if the
vessel is an unregistered vessel;
(iii) the person or agency registered as the
operator of the vessel, if the vessel is owned
by the Government;
and includes -
(iv) any charterer, manager, or operator
of the vessel or any other person for the time
being responsible for the navigation or
management of the vessel;
(v) any agent in Samoa of the owner,
charterer, manager, or operator; and
(vi) any other person interested in or in

possession of the vessel, including any salvor
in possession of the vessel, and any
employee or agent of any salvor in
possession of the vessel; and
(b) in relation to any platform -
(i) the owner or manager or licensee for
the time being of the platform or structure, or
any agent or employee, or any person in
charge of operations connected therewith;
and
(ii) any person having a right or privilege
or license to explore the seabed and subsoil
and to exploit the natural resources thereof in
connection with which the platform or
structure is or has been or is to be used; and
(c) for the purposes of Part V, means the person or
persons registered as the owner of the ship or, in
the absence of registration, the person or persons
owning the ship. (However, in the case of a ship
owned by a state and operated by a company
which in that state is registered as the ship’s
operator, owner shall mean such company);
“person” means any individual or partnership or any public
or private body, whether corporate or not, including a
State or any of its constituent agencies and parts;
“place on land” means any place on dry land, or on any dry,
inter-tidal or submerged reef, or any place connected
with dry land or a reef;
“platform” means any man-made fixed or floating offshore
structure used for any purpose whatsoever;
“POLFUND” means the National Marine Pollution Fund
established under section 25;
“pollutant” includes oil and oily mixtures, noxious liquid
substances, harmful packaged substances, sewage and
garbage as defined by MARPOL 73/78 and any water
contaminated by any such substance, and any other

substance which added to any waters has the effect of
contaminating those waters so as to make them unclean,
noxious or impure or detrimental to the health, safety or
welfare of any person, or poisonous or harmful to
marine life;
“pollution damage” means –
(a) loss or damage caused outside a vessel by
contamination resulting from the escape or
discharge of a pollutant from the vessel,
wherever such escape or discharge may occur,
provided that compensation for impairment of
the environment other than losses of profit from
such impairment shall be limited to costs of
reasonable measures of reinstatement actually
undertaken or to be undertaken;
(b) in Part V of this Act, loss or damage caused outside
a vessel by contamination resulting from the
escape or discharge of oil from the vessel,
wherever such escape or discharge may occur,
provided that compensation for impairment of
the environment other than losses of profit from
such impairment shall be limited to costs of
reasonable measures of reinstatement actually
undertaken or to be undertaken;
(c) the costs of preventative measures and further loss or
damage caused by preventive measures;
“preventive measures” mean any reasonable measures taken
by any person after a pollution incident has occurred to
prevent or minimise pollution damage;
“reception facilities” mean facilities for enabling vessels
using a port to discharge or deposit oil, oil mixtures,
noxious liquid substances, sewage or garbage from those
vessels;
“related interests” include interests directly affected or
threatened, including, but not limited to maritime,
coastal, port or estuarine activities, fisheries activities,
tourist attractions, public health and welfare, and the

conservation of living marine resources and of wildlife;
“Samoan vessel” means a vessel owned in Samoa or a vessel
registered or required to be registered under the
Shipping Act 1998, or any other vessel based in Samoa
and operating under the authority of the Government;
“Samoan waters” means -
(a) the internal waters of Samoa as defined in section 3
of Maritime Zones Act 1999;
(b) the territorial sea of Samoa as defined in section 4 of
the Maritime Zones Act 1999;
(c) the contiguous zone as defined in section 18 of the
Maritime Zones Act 1999; and
(d) the waters of the Exclusive Economic Zone of
Samoa as defined in section 19 of the Maritime
Zones Act 1999;
“sea” means all areas of water below highest astronomical
tide and includes the ocean and any estuary, tidal area
and lagoon;
“sewage” in relation to vessels, includes -
(a) drainage and other wastes from any form of toilets,
urinals and toilet scuppers;
(b) drainage from medical premises, including
dispensaries and sick bays, by way of wash
basins, wash tubs and scuppers located in such
premises;
(c) drainage from spaces containing living animals; and
(d) other waste waters when mixed with the drainage
mentioned in the foregoing provisions of this
definition;
“ship” in Part V of this Act, means any seagoing vessel and
seaborne craft of any type whatsoever;
“ship repair facility” means any place on land, in the inter-
tidal zone and in Samoan waters where vessels are
repaired and maintained, including cleaning, scraping
and painting;
“SPREP” means the South Pacific Regional Environment

Programme;
“SPREP Convention” means the Convention for the
Protection of the Natural Resources and Environment of
the South Pacific Region, 1990 and its related Protocols;
“SPREP Dumping Protocol” means the Protocol on the
Prevention of Pollution of the South Pacific by Dumping
(a protocol of the SPREP Convention);
“SPREP Pollution Emergencies Protocol” means the Protocol
Concerning Cooperation in Combating Pollution
Emergencies in the South Pacific Region (a protocol of
the SPREP Convention);
“synthetic fishing nets” includes synthetic material used in
the repair of such nets;
“transfer” in relation to oil or any pollutant means the
conveyance in bulk from the vessel to a place on land or
vice versa, or from one vessel to another, or the internal
transfer from tank to tank within the vessel;
“vessel” means a water craft of any type whatsoever
operating in the marine environment and includes but is
not limited to ships, small vessels, yachts, submersibles,
displacement and non-displacement craft, hydrofoils,
air-cushioned vehicles and fixed or floating platforms
without regard to the method of or lack of propulsion;
and
“wastes or other matter” means material and substances of
any kind, form or description.
3. Application of international marine pollution

conventions under the laws of Samoa-(1) For the purposes of
this Act the following are the international marine pollution
conventions to which this Act applies -
(a) the Convention for the Protection of the Natural
Resources and Environment of the South Pacific
Region, 1990 (SPREP Convention) and its
Protocol for the Prevention of Pollution of the
South Pacific by Dumping (SPREP Dumping

Protocol) and Protocol concerning Cooperation
in Combating Pollution Emergencies in the
South Pacific Region (SPREP Pollution
Emergencies Protocol);
(b) the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other
Matter (1972) as amended by the Protocol of
1996 relating thereto (London Convention);
(c) the International Convention for the Prevention of
Pollution from Ships (1973) as amended by the
Protocol of 1978 relating thereto (MARPOL
73/78);
(d) the International Convention on Civil Liability for
Oil Pollution Damage, 1992 (CLC 92);
(e) the International Convention on Liability and
Compensation for Damage in connection with
the Carriage of Hazardous and Noxious
Substances by Sea, 1996 (HNS Convention);
(f) the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990
(OPRC Convention);
(g) the International Convention on the Establishment of
an International Fund for Compensation for Oil
Pollution Damage, 1992 (FUND 92);
(h) the International Convention relating to Intervention
on the High Seas in Cases of Oil Pollution
Casualties (1969) and the Protocol relating to
Intervention on the High Seas in Cases of
Pollution by Substances Other than Oil, 1973
(INTERVENTION Convention);
(i) the Protocol on Preparedness, Response and Co-
operation to Pollution Incidents by Hazardous
and Noxious Substances, 2000 (HNS Protocol);
(j) the International Convention on Civil Liability for
Bunker Oil Pollution Damage, 2001 (Bunkers
Convention);
(k) International Convention on the Control of Harmful

Anti-fouling Systems on Ships, 2001 (Anti-
fouling Convention);
(2) Regulations made under this Act may -
(a) add to or delete from the list of Conventions listed in
the subsection (1), and any international marine
pollution convention added to the list may be
implemented, enforced or otherwise applied in
Samoa in accordance with this Act and any
regulations made under this Act;
(b) make provision for any aspect of the application or
enforcement of a Convention to which this Act
applies;
(c) modify the application of any Convention to which
this Act applies to meet the needs and
circumstances of Samoa; and
(d) prescribe offences for the breach of any aspect of a
Convention to which this Act applies, and any
related offences, and impose penalties being fines
not exceeding 5,000 penalty units, or imprisonment
for terms not exceeding 5 years, or both.
(3) Subject to this Act, any other law and any reservation that
Samoa has made under a Convention to which this Act applies, all
obligations, duties, legal processes and rights provided for under
the Conventions to which this Act applies (and including any
Protocols, Annexes, Appendices and Addenda to them) shall have
the force of law in Samoa, and may be applied or enforced by any
legal process available under the laws of Samoa.
(4) The breach of any obligation or duty arising under a
Convention to which this Act applies shall constitute an offence
under section 62.
(5) Subject to any provision of this Act in relation to the
exercise of specific powers and responsibilities, the Minister and
the Chief Executive Officer shall have the power to take any
action that may be taken by State Parties under the Conventions to
which this Act applies.
(6) The Ministry shall have the principal responsibility for

implementing the Conventions to which this Act applies, and
shall ensure that other Ministries and agencies having
responsibilities in relation to the protection and management of
the marine environment are involved in the actions that are taken
by the Ministry under the authority of this Act.
(7) In the event of any inconsistency between the provisions
of any of the Conventions to which this Act applies and the
provisions of this Act, this Act shall apply.
4. Act to bind the Government-(1) Subject to the

provisions of this Act, this Act shall bind the Government.
(2) The provisions of this Act shall apply to vessels belonging
to or operated by the Government, and any of its agencies.
(3) The provisions of this Act shall not apply to -
(a) warships of another State; or
(b) aircraft being used as an aircraft of another State.
5. Application of this Act and other pollution laws-(1)

This Act shall be the principal law dealing with pollution
incidents affecting the marine environment where the source of
the pollution is a vessel, and shall apply to -
(a) all vessels in Samoan waters; and
(b) all Samoan vessels.
(2) In the event that pollution to the marine environment
arises from a source which is not a vessel, the provisions of this
Act shall be applied subject to any other law which makes
provision in relation to -
(a) pollution from terrestrial sources;
(b) pollution in the airspace; and
(c) disaster and emergency response.
(3) Nothing in this section shall affect the validity of any
prosecution taken for an offence against this Act, and shall not
constitute a defence to any offence against this Act.
6. Criminal liability under this Act-(1) Unless otherwise

provided for in specific sections of this Act, the following
persons may be liable in respect of any breach of this Act which
constitutes the commission of an offence –
(a )where the breach arises from any vessel – the owner
and master of the vessel may be liable;
(b) charterers of any vessel where they, or their servants
or agents, exercise any degree of control over the
vessel or its cargo, or the course of the voyage of
the vessel;
(c) where the breach arises from any apparatus used for
transferring a pollutant to or from any vessel –
the person in charge of the apparatus, the owner
of the apparatus, and the master and the owner of
the vessel, may be liable;
(d) where the breach arises from any platform – the
owner and master of the platform, and the person
in charge of it, may be liable;
(e) where the breach arises from any place on land – the
owner and occupier of the land, and any person
who has caused or contributed to the breach, may
be liable; and
(f) where the breach arises from the exploration of the
seabed or sub-soil, or any natural resources in the
marine environment – the owner or person in
charge of such operations or activities may be
liable.
(2) The determination of criminal liability for any breach of
this Act shall be done in accordance with the principles of
criminal law applying in Samoa.
PART II - MARINE POLLUTION PREVENTION
7. Design of vessels and pollution prevention equipment-

(1) All vessels to which MARPOL 73/78 applies must comply
with all of the design and pollution prevention equipment
provisions specified in that Convention.
(2) Subject to subsection (3), the owner and master of any

ship which is in breach of any of the requirements applying to a
vessel under subsection (1) commits an offence and shall be
liable upon conviction –
(a) if the vessel is in excess 24 metres - to a fine not
exceeding 5,000 penalty units, and to
imprisonment for a term not exceeding 2 years, or
both; or
(b) if the vessel is 24 metres or less - to a fine not
imprisonment for a term not exceeding 1 year, or
both.
(3) For a period of 2 years after the commencement of this
Act, a vessel to which this section applies which has operated
prior to the commencement of this Act and is not in compliance
with the requirements of MARPOL 73/78 may be allowed to
continue to operate under such conditions and for such duration
as the Chief Executive Officer may determine, and if such a
vessel has this authority and is in compliance with any
conditions imposed it shall not be in breach of this Act.
(4) Regulations made under this Act may prescribe powers
and procedures whereby the Chief Executive Officer may grant
certain exemptions from the requirements applying under
subsection (1) for specific voyages if it is in the interest of
Samoa for such exemptions to be granted.
8. Operation of vessels-(1) All vessels to which MARPOL

73/78 applies must be operated in compliance with the
requirements specified in that Convention.
(2) Subject to subsection (3), the owner and master of any
ship which is in breach of any of the requirements applying to a
vessel under subsection (1) commits an offence and shall be
liable upon conviction to –
(a) if the vessel is in excess of 24 metres - to a fine not
imprisonment for a term not exceeding 2 years, or
both; or
(b) if the vessel is 24 metres or less - to a fine not

imprisonment for a term not exceeding 1 year, or
both.
(3) For a period of 2 years after the commencement of this
Act, a vessel to which this section applies which has operated
prior to the commencement of this Act and is not in compliance
with the requirements of MARPOL 73/78 may be allowed to
continue to operate under such conditions and for such duration
as the Chief Executive Officer may determine, and if such a
vessel has this authority and is in compliance with any
conditions imposed it shall not be in breach of this Act.
(4) Regulations made under this Act may prescribe powers
and procedures whereby the Chief Executive Officer may grant
certain exemptions from the requirements applying under
subsection (1) for specific voyages if it is in the interest of
Samoa for such exemptions to be granted.
9. Discharge of pollutants or harmful substances-(1) For

the purposes of this Part –
(a) the definitions given to “existing oil tanker”, “new
tanker” and “special area” in MARPOL 73/78
shall apply to these terms in this Part, unless the
context otherwise requires; and
(b) “pollutant and harmful substance” includes, but is not
limited to, any oil, plastics, synthetic ropes and
synthetic fishing nets.
(2) Subject to subsections (4) and (5) and to section 13, no
pollutant or harmful substance may be discharged from a vessel,
platform or place on land into Samoan waters, or from a Samoan
vessel into any waters.
(3) Any person who breaches subsection (2) commits an
offence and –
(a) shall be liable upon conviction to a fine not exceeding
10,000 penalty units or to imprisonment for a
term not exceeding 10 years, or both; and
(b) subject to the provisions of this Act concerning

limitation of liability, shall be liable to pay for
the total costs of any clean up operations and all
necessary action to restore the environment to its
original condition.
(4) It shall be a defence to a prosecution for an offence
against this section if the offender can prove that the discharge –
(a) was necessary for the purposes of securing the safety
of a vessel or the saving of life at sea (provided
that the discharge was necessary and reasonable
in the circumstances); or
(b) resulted from damage to a vessel or its equipment,
and that –
(i) the offender took all reasonable
precautions after the occurrence of the
damage or discovery of the discharge to
prevent or minimise the discharge; and
(ii) the owner or the master acted with no
intent to cause damage, and did not act
recklessly with knowledge that damage
would probably result; or
(c) was for a purpose of –
(i) training government officers or other
persons who are tasked with functions
relating to pollution control as approved by
the Chief Executive Officer; or
(ii) combating specific pollution incidents
in order to minimise the damage from
pollution, as permitted by a Discharge Permit
issued in accordance with section 13.
(5) It shall be a defence to a prosecution under this section if
the offender can prove that the discharge into the sea was of oil,
oily mixtures, noxious liquid substances, sewage and garbage
that are allowed under MARPOL 73/78, including -
(a) discharge by an oil tanker if all of the following
criteria apply to the discharge -
(i) the oil tanker is not in a special area;

and
(ii) the oil tanker is more than 50 nautical
miles from the nearest land; and
(iii) the oil tanker is proceeding en route;
and
(iv) the instantaneous rate of discharge of
oil content does not exceed 30 litres per
nautical mile; and
(v) the total quantity of oil discharged
into the sea does not exceed 1/15,000 of the
total quantity of the particular cargo of which
the residue formed a part in the case of
existing oil tankers, and 1/30,000 of the total
quantity of the particular cargo of which the
residue formed a part in the case of new
tankers; and
(vi) the oil tanker has in operation an oil
discharge monitoring and control system and
a slop tank arrangement as required by
Regulation 15 of Annex I of MARPOL 73/78
(Retention on board);
(b) discharge by a vessel of 400 tons gross tonnage and
above (other than an oil tanker) from machinery
space bilges (excluding cargo pump-room bilges
of an oil tanker unless mixed with oil cargo
residue) if all of the following criteria apply to
the discharge -
(i) the vessel is not within a special area;
and
(ii) the ship is proceeding en route; and
(iii) the oil content of the effluent without
dilution does not exceed 15 parts per million;
and
(iv) the ship has in operation equipment
as required by Regulation 16 of Annex I of
MARPOL 73/78 (oil discharge monitoring
and control system and oil filtering

equipment);
(c) discharge of garbage which shall be allowed from all
vessels, if it is made as far as practicable from
the nearest land, but in all cases is prohibited if
the distance from the nearest land is less than -
(i) 25 nautical miles for dunnage, lining
and packing materials which will float; and
(ii) 12 nautical miles for food wastes and
all other garbage including paper products,
rags, glass, metal, bottles, crockery and
similar refuse.
(6) The exceptions stated in subsection (5) do not allow the
discharge of any plastics, the discharge of which is prohibited
from all vessels in all locations.
10. Discharge of ballast water-(1) No ballast water

containing non-indigenous harmful aquatic organisms or
pathogens may be discharged from a vessel into Samoan waters.
(2) The master of a vessel that discharges ballast water in
Samoan waters must –
(a) obtain all necessary approvals under the Quarantine
(Biosecurity) Act 2005 prior to the discharge;
and
(b) comply with all voluntary or mandatory ballast water
management requirements issued by the
International Maritime Organisation and which
are in force at the time of the discharge.
(3) The master of a vessel that intends to discharge ballast
water in Samoan waters shall, prior to any discharge, complete
and give to the Chief Executive Officer notice of the discharge
–
(a) which may be a copy of any form of this nature
required to be given under the Quarantine
(Biosecurity) Act 2005; or
(b) in the form approved by the Chief Executive Officer

for that purpose.
(4) The owner and master of an offending vessel each
commit an offence if -
(a) any ballast water containing non-indigenous harmful
aquatic organisms or pathogens is discharged
from any vessel into Samoan waters;
(b) ballast water is discharged from a vessel in Samoan
waters in a manner which does not comply with
any of the voluntary or mandatory ballast water
management requirements issued by the
International Maritime Organisation in force at
the time of the discharge;
(c) no notice of the discharge as required by this section
is submitted to the Chief Executive Officer prior
to a discharge of ballast water in Samoan waters;
or
(d) false or misleading particulars are provided in a
notice submitted under this section -
and shall be liable upon conviction to a fine not exceeding
7,500 penalty units or to imprisonment for a term not exceeding
5 years, or both.
(5) It shall be a defence to any prosecution under section
(4)(a) if the offender can prove that all reasonable measures to
comply with any voluntary or mandatory ballast water
management requirements issued by the International Maritime
Organisation in force at the time were taken to ensure that no
ballast water containing non-indigenous harmful aquatic
organisms or pathogens were discharged from a vessel into
Samoan waters.
11. Hull scraping and cleaning-(1) The scraping and

cleaning of the hulls and other external surfaces of vessels must
be undertaken in a manner that prevents the introduction of non-
indigenous harmful aquatic organisms or pathogens into
Samoan waters.
(2) Any person who scrapes or cleans any hull or other

external surface of a vessel in a manner –
(a) which permits the introduction of non-indigenous
harmful aquatic organisms or pathogens into
Samoan waters;
(b) which is inconsistent with any requirements applying
to the scraping and cleaning of hulls published
by the Ministry or the International Maritime
Organisation from time to time; or
(c) which contravenes a direction given to the person by
an authorised officer of the Ministry in relation
to the scraping or cleaning of the hull -
commits an offence and shall be liable upon conviction to a fine
not exceeding 4,500 penalty units or to a term of imprisonment
not exceeding 2 years, or both.
(3) The owner and master of a vessel in relation to which an
offence is committed under this section shall also be liable for
that offence.
12. Anti-fouling systems-(1) The Anti-fouling Convention

shall apply to all ships of 24 metres or more in length in
Samoan waters.
(2) Ships of 400 gross tonnage and above engaged in
international voyages shall be required to undergo –
(a) an initial survey and be certified before the ship is
put into service or before the International Anti-
fouling System Certificate is issued for the first
time; and
(b) a survey and be certified when the anti-fouling
systems are changed or replaced.
(3) Ships of 24 metres or more in length but less than 400
gross tonnage engaged in international voyages and operating in
Samoan waters shall carry a Declaration on Anti-fouling
Systems signed by the owner or owner’s authorised agent, and
the Declaration shall be accompanied by appropriate
documentation to verify its contents including a paint receipt or
contractor invoice.
(4) The use and application of harmful anti-fouling systems

containing organotin compounds and any other prescribed
harmful substance on vessels in Samoan waters or any man-
made structure is prohibited.
(5) Any owner or master who contravenes any provision of
the Anti-fouling Convention commits an offence and shall be
liable upon conviction to a fine not exceeding 3,500 penalty
units or to imprisonment for 6 months, or both.
(6) The owner or master of any Samoan vessel or any
vessel in Samoan waters shall not use any harmful anti-fouling
system, containing organotin compounds or any other
prescribed harmful substance in Samoan waters and any person
that applies harmful anti-fouling systems to a vessel or man-
made structure in Samoa commits an offence and shall be liable
upon conviction to a fine not exceeding 2,000 penalty units.
(7) For the purposes of this section, ‘man-made structures’
includes any buoy, markers or any object specifically created
for use or placement in water.
13. Management of waste from ship repair facilities-(1)

The discharge, disposal and escape of -
(a) hull scrapings;
(b) paints and paint residues;
(c) abrasive blasting mediums;
(d) any other pollutant or harmful substance; and
(e) any effluent containing such pollutants or harmful
substances –
into Samoan waters from ship repair facilities is prohibited.
(2) All ship repair facility must put in place systems for the
effective containment and recovery of all of the substances
specified in subsection (1) for proper re-use, recycling,
treatment and/or disposal in a waste management facilities on-
shore that has been approved under any law.
(3) The owner or operator of a ship repair facility who

breaches any prohibition or requirement stated in this section
not exceeding 1,750 penalty units or to imprisonment for a term
not exceeding 6 months, or both.
14. Discharge Permits-(1) A person wishing to discharge

a pollutant or harmful substance for a purpose associated with
responding to a specific pollution incident shall apply in writing
to the Chief Executive Officer for a Discharge Permit and shall
provide the following information –
(a) the identity and full contact details of the person
responsible for the proposed discharge;
(b) the reasons for the proposed discharge;
(c) the likely benefits of the proposed discharge;
(d) the location of the proposed discharge;
(e) the nature of the pollutant or harmful substance
proposed to be discharged (including their correct
technical names, IMDG Code Classification and
UN number, if applicable), and its chemical
composition and physical and chemical properties
and biological toxicity;
(f) the quantity or volume of pollutant or harmful
substance proposed to be discharged;
(g) the proposed method of discharge;
(h) the details of the measures to be used to control,
mitigate and monitor the environmental impacts
of the discharge; and
(i) documentary evidence of financial ability to meet the
total cost of any clean up operation necessary to
restore the environment to its original condition.
(2) In assessing an application for a Discharge Permit, the
Chief Executive Officer shall consider -
(a) all potential adverse impacts to human life, health
and safety; and
(b) the environmental impacts that are likely to occur

from the proposed discharge as opposed to the
environmental impacts that are likely to occur if
the proposed discharge is not permitted.
(3) When issuing a Discharge Permit the Chief Executive
Officer may impose any conditions, but it shall be a condition
of every Discharge Permit issued under this section to a person
who is responsible for the pollution incident arising that the
permit holder is liable to pay all costs of any clean up operation
necessary to restore the environment to its original condition if
the environment is affected by a discharge done under a permit.
(4) A person who -
(a) provides any information of the nature required
under subsection (1) which is false or
misleading;
(b) fails to comply with any condition imposed by the
Chief Executive Officer in relation to a
Discharge Permit issued to that person; or
(c) undertakes any discharge for a purpose or of a nature
that is different from that for which the
Discharge Permit is applied for or issued -
not exceeding 1,500 penalty units or to a term of imprisonment
not exceeding 1 year.
15. Waste reception facilities in ports-(1) Regulations

may be made under this Act in relation to the provision of waste
reception facilities at Samoan ports to enable vessels to
discharge waste oil or oily residues, hazardous and noxious
substances and sewage from those vessels, or to deposit their
garbage.
(2) Waste reception facilities shall not be provided where a
vessel’s wastes may cause unacceptable environmental impacts
in Samoa.
(3) The full or partial cost of providing and operating these
waste reception facilities may be recovered by user fees which
may be set –
(a) by Regulations made under this Act; or

(b) by the Chief Executive Officer if no such
Regulations apply; or
(c) by any agency which is given responsibility for
providing or managing the waste reception
facilities.
(4) No water containing pollutants that have not been first
processed by the ship’s oily water separator, or other effective
process for separating the pollutant from the water, may be
discharged into any waste reception facilities.
(5) The owner and master of a vessel which discharges at a
waste reception facility in breach of subsection (4) commit an
offence and shall be liable upon conviction -
(a) to a fine not exceeding 2,500 penalty units or to
imprisonment for a term not exceeding 6 months,
or both; and
(b) to pay any compensation for any damage done to the
facility or the cost of any remedial action that is
necessary as a result of the breach.
16. Duty to report discharges-(1) If any pollutant, harmful

substance, non-indigenous harmful aquatic organism or
pathogen is discharged into Samoan waters from a vessel,
platform or a place on land -
(a) the owner, master or person in charge of the vessel or
platform; or
(b) the occupier of the place on land -
shall immediately and by the quickest available means report
the occurrence to the Chief Executive Officer and to the Chief
Executive Officer of the Ministry responsible for disaster
management.
(2) A report made under subsection (1) shall provide each of
the following particulars -
(a) the time of the discharge; and
(b) the position of the discharge, including latitude and
longitude if possible; and
(c) the event to which the discharge is directly

attributable; and
(d) the precise source of the discharge; and
(e) the weather and sea conditions at the time of the
discharge and at the time when the report was
made; and
(f) where oil has been discharged –
(i) the quantity and description of each
type of oil that was discharged; and
(ii) the quantity and description of each
type of oil remaining on board; and
(g) where a pollutant other than oil has been discharged
the quantity and description of each type of
pollutant discharged (including their correct
technical names, IMDG Code Classification and
UN number, if applicable); and
(h) the quantity and description of each type of pollutant
other than oil remaining on board; and
(i) where garbage or sewage has been discharged, the
quantity, description and concentration that was
discharged; and
(j) the types, quantity and condition of other cargo
carried or stored; and
(k) the existence of any slick and the direction and speed
of its movement; and
(l) the measures that have been taken to -
(i) stop or reduce the discharge;
(ii) contain the pollutant and prevent the
spread of it;
(iii) remove the pollutant from the sea or
to disperse it; and
(iv) minimise damage or the possibility
of damage resulting from the discharge; and
(m) the identity and full contact details of the person
making the report.
(3) If any vessel becomes stranded, wrecked or is

abandoned in Samoan waters or if a Samoan vessel becomes
stranded, wrecked or is abandoned in any waters, then the
owner, master or person in charge shall immediately and by the
quickest available means report the occurrence to the Chief
Executive Officer, and shall provide -
(a) full details of the vessel and damage sustained;
(b) the types, quantity and condition of the cargo
carried;
(c) a complete list of all pollutants carried, including the
types, quantity and their condition;
(d) if a discharge has occurred, the details required in
subsection (2); and
(e) the identity and full contact details of the person
making the report.
(4) A person who -
(a) fails to comply with any provision of this section; or
(b) makes a report containing any information that is
false, misleading or incomplete -
commits an offence and is liable upon conviction to a fine not
exceeding 1,500 penalty units or to imprisonment for a term not
exceeding 6 months, or both.
17. Records-(1) The master of -

(a) every Samoan oil tanker; and
(b) every oil tanker in Samoan waters of 150 tons gross
tonnage and above and
(c) every Samoan vessel; and
(d) every vessel in Samoan waters of 400 tons gross
tonnage and above other than an oil tanker -
shall carry and maintain an Oil Record Book Part I (Machinery
Space Operations) and enter a record whenever any of the
following machinery space operations are carried out -
(e) ballasting or cleaning of oil fuel tanks;
(f) discharge of dirty ballast or cleaning water from
tanks referred to in paragraph (a) above;
(g) disposal of oily residues (sludge); and
(h) discharge overboard or disposal otherwise of bilge

water which has accumulated in machinery
spaces.
(2) The master of every Samoan oil tanker and every oil
tanker in Samoan waters of 150 tons gross tonnage and above
shall also carry and maintain an Oil Record Book Part II
(Cargo/Ballast Operations) and shall enter a record whenever
any of the following cargo/ballast operations are carried out –
(a) loading of oil cargo;
(b) internal transfer of oil cargo during voyage;
(c) unloading of oil cargo;
(d) ballasting of cargo tanks and dedicated clean ballast
tanks;
(e) cleaning of cargo tanks including crude oil washing;
(f) discharge of ballast except from segregated ballast
tanks;
(g) discharge of water from slop tanks;
(h) closing of all applicable valves or similar devices
after slop tank discharge operations;
(i) closing of valves necessary for isolation of dedicated
clean ballast tanks from cargo and stripping lines
after slop tank discharge operations; and
(j) disposal of residues.
(3) The Oil Record Books required under subsections (1)
and (2) whether as a part of the vessel’s official log-book or
otherwise, shall be in the Forms specified in Regulation 20 and
Appendix III of Annex I of MARPOL 73/78, or any other form
which may supersede those forms.
(4) The person in charge of a platform in Samoan waters,
shall comply with the provisions of subsections (1) and (2), as
far as is applicable and with all necessary modifications.
(5) The master of a Samoan vessel or a vessel in Samoan
waters to which Annex II of MARPOL 73/78 applies, shall
carry a Record Book, and shall record –
(a) the loading or unloading of pollutants specified in
that Annex;
(b) the transfer of pollutants specified in that Annex; and
(c) any other operations in respect of pollutants specified

in that Annex; and
(d) any discharge or escape of such pollutants and the
circumstances and reasons relating to their
discharge or escape.
(6) A person who fails to comply with any requirement
imposed by this section commits an offence and is liable upon
conviction to a fine not exceeding 500 penalty units or to
imprisonment for a term not exceeding 6 months, or both.
(7) A person who makes an entry in any records to be kept
in accordance with this section which is false, misleading or
incomplete commits an offence, and is liable upon conviction to
a fine not exceeding 500 penalty units, or to imprisonment for a
term not exceeding 1 year, or both.
18. Powers of inspection-(1) The Chief Executive Officer

may by written notice appoint any properly trained and
qualified person as an inspector to investigate and report -
(a) as to whether the provisions of this Act have been
complied with;
(b) on what measures have been taken to prevent the
discharge of pollutants, other than those made in
accordance with the provisions of this Act;
(c) as to whether reception facilities provided in ports
are adequate to meet the needs of the vessels
using them without causing undue delay; and
(d) any other matter associated with the administration
of this Act and the implementation of the
Conventions to which this Act applies.
(2) Every inspector shall have the power to –
(a) enter and inspect any vessel, platform, facility, place
on land and any apparatus used for the storage,
transfer or processing of pollutants, garbage or
sewage; and
(b) test any equipment with which the vessel or platform

is required to be fitted in accordance with any
International Maritime Convention and any
requirement of this Act; and
(c) require the production of any records required to be
kept and shall have the power to copy records
and require the person by whom the records are
to be kept to certify the copy as a true copy; and
(d) board a vessel or platform to ascertain the
circumstances relating to an alleged discharge of
a pollutant into Samoan waters or from a
Samoan vessel into any waters; and
(e) board a vessel and take, or require to be taken,
soundings of tanks, spaces, and bilges, and any
sample or samples of any pollutant from the
vessel for analysis.
(3) Any inspection under this section may require
verification that there is on board all valid certificates as
required by this Act.
(4) If the inspector believes that the condition of the vessel
or its equipment does not correspond substantially with the
particulars of any applicable certificate or if the ship does not
carry a valid certificate, the Chief Executive Officer -
(a) shall take all necessary steps to ensure that the ship
shall not sail until it –
(i) it is in compliance with the provisions
of this Act; and
(ii) it can proceed to sea without
presenting a threat of harm to the marine
environment; or
(b) may grant permission for the vessel to leave the port
or offshore terminal for the purpose of
proceeding to the nearest appropriate repair yard
available.
(5) If the Chief Executive Officer denies a foreign vessel
entry to a port or offshore terminal, or takes any action against a
vessel for the reasons that it does not comply with the
provisions of this Act, the Chief Executive Officer shall

immediately inform the consul or diplomatic representative of
the State whose flag the ship is entitled to fly, or if this is not
possible, the Maritime Administration of the ship concerned.
(6) All powers conferred by this section shall be exercised
so that a vessel is not unnecessarily detained or delayed in
proceeding on any voyage.
(7) A person who-
(a) fails to reasonably comply with any requirement of
this section; or
(b) obstructs a person acting in the exercise of any
power conferred by this section,
commits an offence and is liable upon conviction to a fine not
exceeding 2,500 penalty units or to a term of imprisonment for
a term not exceeding 1 year, or both.
PART III - MARINE POLLUTION RESPONSE
19. General Application of this Part-(1) The applicable law

determining and regulating the response in Samoa to a marine
pollution incident shall be -
(a) where the incident emanates from a vessel and is
determined to be a disaster or emergency under
the Disaster and Emergency Management Act
2007 – the Disaster and Emergency Management
Act 2007 applied subject to the provisions of this
Part;
(b) where the incident emanates from any source other
than a vessel - the Disaster and Emergency
Management Act 2007 without the provisions of
this Part having any effect;
(c) where the incident emanates from a vessel and is not
determined to be disaster or emergency – this Act;
and
(d) where the incident emanates from any source other

than a vessel and is not determined to be a disaster
or emergency – any relevant law dealing with
pollution, wastes, environment protection, ports
administration or land management.
(2) An incident of the nature referred to in subsection (1)(a)
shall be “a marine pollution incident to which this Part applies”.
(3) The provisions of subsection (1) are for the purpose of
defining areas of administrative responsibility only and do not
affect the liability of any offender under any, law or the right of
any government agency to prosecute breaches of any law.
(4) This Part shall be applied so as to most effectively
implement the general principles and provisions of -
(a) the OPRC Convention and its HNS Protocol;
(b) the SPREP Pollution Emergencies Protocol; and
(c) any other provision of a Convention to which this Act
applies which relates to responses to marine
pollution incidents.
20. Committee to be established under this Part-(1) For

the purposes of responding to marine pollution incidents to
which this Part applies, a sub-committee of the Disaster
Advisory Committee shall be established in accordance with
section 6(5) of the Disaster and Emergency Management Act
2007.
(2) The Sub-Committee established under subsection (1) -
(a) shall be chaired by the Chief Executive Officer, or
his or her nominee; and
(b) shall be comprised of other members appointed by
the Minister responsible for disaster
management, after consulting with the Minister,
and shall include the Commissioner of Police
and relevant industry representatives, including –
(i) the Samoa Ports Authority;
(ii) ports users;
(iii) fuel suppliers; and

(iv) the shipping industry.
(c) shall perform –
(i) the functions of the Disaster Advisory
Committee stated in sections 6(6)(a), (f), (g),
(k) and (l) of the Disaster and Emergency
Management Act 2007 in relation to all
marine pollution incidents to which this Part
applies; and
(ii) any other functions vested in it by the
National Disaster Council.
(3) A Marine Pollution Advisory Committee may be
established, administered and provided with administrative
support by the Ministry to have functions and responsibilities of
–
(a) developing, reviewing and implementing the
National Marine Spill Contingency Plan
(NATPLAN) required under section 21 and
related matters;
(b) assisting in the establishment and maintenance of the
inventory of marine pollution response
equipment under this Part, and its effective
utilisation;
(c) reviewing the provision and operation of waste
facilities in Samoa’s ports and setting standards
for such facilities;
(d) ensuring the proper administration and utilisation of
the Marine Pollution Levy and the National
Marine Pollution Fund in accordance with
regulations made under this Act;
(e) promoting the effective participation of Samoa in any
bilateral, multilateral and regional marine spill
contingency plans and related arrangements; and
(f) any other matters related to marine pollution as
required by the Minister or Cabinet.
(4) The members of the Marine Pollution Advisory

Committee shall be appointed by the Minister and shall include-
(a) government representatives from Ministries and
agencies which are relevant to the management
of the marine environment and the proper
management of the POLFUND; and
(b) industry representatives representing –
(i) the shipping industry;
(ii) the oil industry;
(iii) port users; and
(iv) the fishing industry.
(5) The Committee shall meet at such times and places as
are nominated by the Minister and may regulate its own
procedures as it thinks fit.
(6) The Annual Report prepared by the Maritime Division
of the Ministry shall report on the operations and determinations
of the Marine Pollution Advisory Committee and the Sub-
Committee established under subsection (1).
21. Marine Spill Contingency Plans-(1) The Chief

Executive Officer, with advice from the Committee “..(if it is
established under section 20(3))..” shall ensure that a National
Marine Spill Contingency Plan (NATPLAN) is developed,
maintained and implemented.
(2) The NATPLAN shall take effect when it is approved by
the Minister and must conform to all requirements stipulated in –
(a) any Convention to which this Part applies; and
(b) the Disaster and Emergency Management Act 2007.
(3) All owners and operators of ports and oil and chemical
handling and storage facilities shall develop, maintain and
implement and maintain site-specific marine spill prevention and
contingency plans for their facilities, consistent with the
NATPLAN and any requirements applying under the Disaster and
Emergency Act.
(4) All owners or operators of vessels to which MARPOL

73/78 applies shall develop, maintain and implement shipboard
marine pollution emergency plans consistent with the
requirements of MARPOL 73/78.
(5) The plans required to be developed under this section shall
be submitted to the Chief Executive Officer for approval, and if
approved by the Minister shall form part of the NATPLAN.
22. Regional Cooperation-(1) The Marine Pollution

Advisory Committee shall advise the Ministry in relation to any
matters that -
(a) can assist in the effective participation of Samoa in
regional and international arrangements relating
to the response to marine pollution incidents; and
(b) most effectively implement the arrangements
provided for in the Conventions to which this
Act applies dealing with response to marine
pollution incidents.
(2) The Ministry shall ensure that all necessary notifications
are given in accordance with the procedures stated in any
Convention to which this Act applies.
(3) Should Samoa require external assistance in response to a
marine pollution incident, such assistance may be requested by
the Ministry in accordance with the procedures contained in any
bilateral, multilateral or regional marine spill contingency plan(s),
and related arrangements in place at the time.
(4) Should other Pacific Island Countries and Territories
request assistance from Samoa in response to a marine pollution
incident, such requests may be considered by the Ministry in
accordance with the procedures contained in any bilateral,
multilateral or regional marine spill contingency plan(s) and
related arrangements in place at the time.
23. Appointment of On Scene Commander-(1) The Chief

Executive Officers shall from time to time appoint qualified
officer of the Ministry to be -
(a) the Ministry’s On Scene Commander; and

(b) such number of Deputy On Scene Commanders as
are considered to be necessary, who shall be
deemed to be the On Scene Commander if the
office of On Scene Commander is vacant or the
incumbent is absent or is otherwise unavailable
to act in relation to any specific marine pollution
incident.
(2) The On Scene Commander shall -
(a) command, manage and co-ordinate all operations
relating to the response to marine pollution
incidents emanating from vessels; and
(b) control and direct the use of all resources allocated to
the response to marine pollution incidents
emanating from vessels.
(3) During a marine pollution incident emanating from a
vessel, the On Scene Commander shall direct the use of all
national assets and resources that are deemed necessary to deal
with the incident and has the authority to spend and commit
such funds as are reasonable in the circumstances up to the
amount contained in the National Marine Pollution Fund
established under this Act.
(4) The powers exercisable under this section are subject to
any directions given to the On-scene Commander under the
authority of the Disaster and Emergency Management Act
2007, if it has application to the particular marine pollution
incident in accordance with section 19.
24. Marine pollution response equipment-(1) The Chief

Executive Officer shall arrange for the establishment and
maintenance of a national marine pollution response equipment
inventory.
(2) The national marine pollution response equipment
inventory shall be an arrangement involving government and
industry comprising the owners and operators of all ports and
all oil and chemical handling and storage facilities within

Samoa and all parties contributing and having access to the
equipment.
(3) In determining equipment needs, the government and
industry stakeholders shall co-operate to ensure compatibility
and inter-operability, and that the inventory is the most
appropriate for all levels of marine pollution risk and for local
conditions.
(4) Regulations made under this Act may -
(a) require owners or operators of vessels and platforms to
carry on board and maintain marine pollution
response equipment for the containment, recovery
or dispersal of any pollutant that may be
discharged by the vessel or platform into
Samoan waters;
(b) specify the type and quantity of such equipment
which shall be sufficient to allow an initial
response to the pollution incident taking into
consideration limitations of the crew and the
practicalities of operations at sea;
(c) prescribe arrangements for the type and quantity of
such equipment to be specified in the shipboard
marine pollution emergency plan required under
this Act;
(d) make any other necessary provision relating to marine
pollution response equipment in Samoa; and
(e) prescribe offences for the failure to comply with any
requirement of the Regulations and penalties for
such offences which shall be fines not exceeding
500 penalty units or terms of imprisonment not
exceeding 12 months, or both.
25. National Marine Pollution Fund (POLFUND)-(1)

Regulations made under this Act may provide for the
establishment and management of a Fund to be known as the
National Marine Pollution Fund (POLFUND) to finance the
implementation of the National Marine Spill Contingency Plan

(NATPLAN).
(2) The Regulations made under subsection (1) may make
provision for –
(a) the administration and government of the POLFUND
by a Board of Trustees, which shall include
representatives of government and industry
stakeholders;
(b) the imposition of marine pollution levies and any
other sources of revenue for the POLFUND, and
any returns to be filed by persons liable to pay
such levies or other charges;
(c) the investment of monies held in the POLFUND;
(d) the expenditure of monies held in the POLFUND for
purposed associated only with response to
marine pollution incidents;
(e) the audit of the POLFUND and any other matters
necessary for its proper management, investment
and utilisation;
(f) the duties and responsibilities of the Board of
Trustees relating to the proper financial
management of the POLFUND, the development
of appropriate strategies for growth of the
POLFUND, and the investment of monies from
the POLFUND.
26. Application of POLFUND monies - In accordance

with the provisions of the regulations made under section 25,
the Ministry shall apply the POLFUND for the following
purposes only -
(a) to purchase plant, equipment, or any other thing to
make preparations for, or to implement, or assist
in implementing, any responses to marine
pollution incidents;
(b) to meet the reasonable costs of national marine spill

response training and exercises;
(c) to meet the reasonable costs incurred in controlling
and cleaning up any marine pollution incident if,
and to the extent that, those costs have not been
recovered from the person who caused the
incident.
27. Approval of expenditure from the POLFUND-(1)
After consultation with the Committee the On Scene
Commander shall prepare an annual budget of income and
expenditure for the POLFUND which shall be endorsed by the
Chief Executive Officer and the Minister and referred to the
Board of Trustees.
(2) No expenditure shall be made from the POLFUND
unless -
(a) it is provided for in the approved budget; and
(b) it has been approved in writing by the Board of
Trustees -
PROVIDED THAT in the event of a marine pollution incident,
the On Scene Commander shall have the authority to commit
such funds as are reasonable in the circumstances up to the
amount contained in the POLFUND for the initial containment
and recovery of the pollutant, but all subsequent expenditure of
funds for subsequent clean-up operations must be approved in
writing by the Board of Trustees.
(3) For marine pollution incidents from industry facilities
the costs of containment, recovery and clean-up of the pollutant
and any subsequent restoration of the environment shall be met
directly by the owner or operator of the facility without recourse
to the POLFUND.
28. Marine Pollution Levies-(1) The regulations made

under section 25 may impose marine pollution levies and other
appropriate charges to be contributed to the POLFUND by
owners of -
(a) contributing vessels;
(b) contributing oil sites; and
(c) contributing chemical sites.

(2) The Chief Executive Officer shall require returns to be
made by the persons by whom any levy is payable.
29. Establishment and maintenance of maximum

POLFUND level-(1) The Minister shall, in consultation with
the Chief Executive Officer and the Committee determine the
maximum POLFUND level and determine mechanisms to
maintain the desired financial reserve.
(2) When the maximum amount of the POLFUND has been
collected, the levy may be suspended on the order of the
Minister.
(3) If the POLFUND is depleted the Minister may, in
consultation with the Chief Executive Officer and the
Committee, determine the date on which the levy is to be
reinstated.
30. Rates and basis of marine pollution levies-(1) The

Regulations made under section 25 may fix different rates of
levy in respect of different classes of contributing vessels.
(2) Any levy on contributing vessels may be calculated as
follows –
(a) a flat annual rate per gross registered ton of the
contributing vessel; or
(b) a specified rate in respect of each entry of a
contributing vessel into a port in Samoa.
(3) A levy on contributing oil sites will be a flat rate per ton
of oil transferred.
31. Incurring of levies-(1) Where any marine pollution

levy is imposed in respect of a contributing ship, the liability to
pay that levy shall arise -
(a) where the levy is assessed on an annual basis, on the
first entry of that vessel into a port in Samoa
during the period for which the levy is assessed;
and
(b) in any other case, on the entry of that vessel into a

port in Samoa.
(2) Where any levy is imposed in respect of a contributing
oil site or contributing Chemical site the liability to pay that
levy shall arise on a quarterly basis.
(3) The regulations made under section 25 may -
(a) require levies to be paid in advance or otherwise;
(b) prescribe dates for the payment of levies;
(c) prescribe the periods in respect of which the levies
shall be payable; and
(d) provide for the refund of the whole or any part of a
levy paid in advance or otherwise.
(4) A levy shall not apply to a contributing vessel in respect
if its entry into a port -
(a) solely for the purpose of saving or preventing danger
to human life, or obtaining medical treatment for
any person; or
(b) solely because of weather conditions or any other
circumstances that the owner or master of the
vessel could not have foreseen or prevented.
32. Payment of levies-(1) Marine pollution levies shall be

paid -
(a) where the levy is assessed on an annual basis, to the
Chief Executive Officer;
(b) in any other case, to the Chief Executive Officer or
to such other person approved by the Chief
Executive Officer for the purpose.
(2) All levies received shall be paid into the POLFUND.
(3) A receipt shall be given to any person paying any marine
pollution levy.
33. Vessels not entitled to certificate of clearance until

levies paid-(1) Where any levy is payable in respect of a
contributing vessel, the vessel shall not be entitled to leave port
until payment is made.
(2) Any person in respect of whom any decision is taken

under this section may appeal against the decision in a Court of
competent jurisdiction in Samoa.
34. Offences-(1) Every person who contravenes or fails to

comply with any obligation or requirement imposed on the
person by Part III or any Regulation made under section 25
commits an offence.
(2) Every person who commits an offence under this section
is liable upon conviction -
(a) in the case of an individual, to a fine not exceeding
500 penalty units;
(b) in any other case, to a fine not exceeding 2,500
penalty units.
35. Recovery of levies - If any person who is liable to pay

a levy fails to do so, the amount of the levy may be recovered
from that person as a debt and where the levy is payable in
relation to a contributing vessel the debt shall constitute a
charge upon the vessel.
PART IV - MARINE CASUALTIES
36. General application of this Part – This Part shall be

applied so as to most effectively implement the general principles
and provisions of the INTERVENTION Convention.
37. Powers in relation to marine casualties-(1) The

provisions of this Part shall be in addition to and shall not in
any way prejudice any other rights or powers of the
Government which are exercisable under international law.
(2) The powers conferred by this Part shall only be
exercised and the measures shall only be taken as a result of -
(a) a marine casualty in Samoan waters or on the High
Seas; or
(b) a pollution incident occurring onboard a vessel,

where it appears to the Chief Executive Officer
necessary to prevent, reduce or eliminate grave
and imminent danger from any pollutant -
(i) in or to Samoan waters ;or
(ii) to the coast of Samoa; or
(iii) to related interests -
following upon a marine casualty, or acts related to a marine
casualty.
(3) Where it appears to the Chief Executive Officer that as a
result of a marine casualty or incident referred to in subsection
(2) a vessel constitutes or is likely to constitute a risk of
pollution then, for prevention, reduction or elimination of the
pollution, the Chief Executive Officer may -
(a) issue any instructions to -
(i) the master, owner or agent of the
vessel; or
(ii) any person in charge of any salvage
operation in respect of the vessel, and to any
employee or agent of that person -
requiring any specified action to be taken or determining that no
specified action be taken with respect to the vessel or its cargo;
and
(b) take any measures whatsoever with respect to the
vessel or its cargo whether or not the Chief
Executive Officer has issued instructions under
paragraph (a).
(4) In determining what measures should be taken under
subsection (3), the Chief Executive Officer shall have regard to
-
(a) the extent and probability of imminent damage if
those measures are not taken;
(b) the likelihood of those measures being effective;
(c) the extent of the damage which may be caused by
such measures; and
(d) the views of the Samoa Ports Authority and the

Ministries responsible for fisheries, disaster
management and the environment (if these can
be readily obtained in the circumstances).
(5) The measures that the Chief Executive Officer may
direct to be taken or may take under subsection (3) shall include
-
(a) the removal to another place of the vessel or its
cargo;
(b) the removal of cargo from the vessel;
(c) the salvage of the vessel or its cargo, or both;
(d) the sinking or destruction of the vessel, or the
destruction of the cargo, or both; and
(e) the taking over of control of the vessel.
(6) In order to carry out any of the measures referred to in
subsection (3), the Chief Executive Officer may, after
consulting with the owners of the vessel to whose master the
instructions are to be given -
(a) instruct the master of any Samoan vessel, or the
master of any other vessel within Samoan
waters, to render assistance to any vessel that is
or is likely to be a marine casualty; and
(b) instruct the master of any Samoan vessel to -
(i) render assistance to any vessel;
(ii) take on board any equipment;
(iii) sail to any place, to render assistance
to any vessel assisting a marine casualty;
(iv) assist in any operations for the
cleaning up, removal, or dispersal of any oil
or other pollutant; and
(v) obey the instructions of any person
authorised by the Chief Executive Officer to
exercise control over or responsibility for a
marine casualty.
(7) The powers of the Chief Executive Officer to issue

instructions or to take measures under subsection (3) shall be
exercisable by any person authorised by the Chief Executive
Officer -
(a) in writing; or
(b) orally and later confirmed in writing, in cases of
emergency where the giving of written authority
is not practicable.
(8) Before taking any measures under subsection (3), the
Chief Executive Officer shall take all available and practicable
measures to consult with any other States affected by the marine
casualty, and in particular the Flag State(s) of the vessels
involved.
(9) The Chief Executive Officer shall notify any persons
known to have interests which can reasonably be expected to be
affected by the measures that are proposed to be taken under
subsection (3), but any failure to do so does not affect the
powers of the Chief Executive Officer, or give rise to any
liability for non-compliance with this section.
38. Right to compensation-(1) A person who has incurred

expense, loss or damage as a result of the taking of any action
or measure under section 37 may seek compensation from the
Government only if he or she can prove that the instruction
given or measure taken –
(a) was wholly inappropriate in the circumstances and in
excess of any instruction or measure that could
have reasonably been given by any reasonable
person in the circumstances; or
(b) had no prospect of preventing, reducing or
eliminating the pollution to which it was
directed.
(2) A claim made for compensation under subsection (1)
shall be made to the Supreme Court of Samoa which may take
into account any relevant matter in determining whether the
criteria stated in subsection (1) apply.
(3) Nothing in subsection (2) prevents a claim from being

dealt with by conciliation or arbitration provided for under
domestic or international law.
(4) Where any measures have been taken pursuant to
section 37 on the high seas and there is a dispute between the
Government and –
(a) the owner of the vessel; or
(b) the Government of the State where the vessel is
registered; or
(c) the Government of the State having any related
interests –
and the dispute relates to –
(d) whether such measures were necessary to prevent,
reduce or eliminate grave and imminent danger
to Samoan waters or the coast of Samoa or
related interests from pollution or the threat of
pollution by pollutants; or
(e) whether the measures taken were in excess of that
reasonably necessary to prevent, eliminate or
reduce pollution or the risk of pollution; or
(f) whether compensation should be paid in accordance
with subsection (1); or
(g) the amount of such compensation,
then, if settlement by negotiation between the parties has not
been possible and if the parties do not otherwise agree, the
matter shall be submitted, upon the request of any of the parties,
to conciliation, and if that does not succeed, then to arbitration
according to the procedures set out in the Annex to the
INTERVENTION Convention.
39. Offences-(1) A person commits an offence if he or she

-
(a) fails to comply with any instructions issued by the
Chief Executive Officer pursuant to section 37,
or by any person duly authorised by the Chief
Executive Officer; or
(b) wilfully obstructs a person acting in compliance with

any instructions issued by the Chief Executive
Officer pursuant to section 37 of this Act or by
any person duly authorised by the Chief
Executive Officer; or
(c) wilfully obstructs the Chief Executive Officer or any
person acting on behalf of the Chief Executive
Officer in carrying out any of the powers
conferred on the Chief Executive Officer by
section 37.
(2) Every person who commits an offence under this section
is liable upon conviction to a fine not exceeding 500 penalty
units, and to an additional fine of 500 penalty units for each day
during which the offence continues
(3) In any proceedings for an offence under this section it
shall be a defence if the offender can prove that –
(a) the failure to comply with any instructions issued
under section 37; or
(b) the wilful obstruction of –
(i) any person acting in compliance with
such instruction duly issued; or
(ii) the Chief Executive Officer or any
person acting on behalf of the Chief
Executive Officer;
resulted from the need to save life at sea.
(4) In any proceedings for an offence under this section, it
shall also be a defence if the offender proves that he or she used
all due diligence to comply with any instructions issued by the
Chief Executive Officer pursuant to section 37 or by any person
duly authorised by the Chief Executive Officer.
40. Protection from liability - Where -

(a) the Chief Executive Officer or any person duly
authorised by the Chief Executive Officer has
taken any measures under section 37; or
(b) any person has taken any action or refrained from

taking any action in accordance with instructions
issued under section 37 -
then subject to section 38, the Chief Executive Officer or that
person, as the case may be, shall not incur any civil liability in
respect of the instruction given or measures taken.
PART V - LIABILITY AND COMPENSATION FOR

POLLUTION DAMAGE FROM SHIPS
41. General application of this Part-(1) This Part relates to

liability and compensation for damage from all forms of pollution
from ships, and shall be applied as the law of Samoa in a manner
which is consistent with the principles and provisions of CLC 92
and FUND 92, the HNS Convention and the Bunkers Convention.
(2) This Part shall not apply to warships, naval auxiliaries or
other ships owned or operated by a State and used for the time
being on non-commercial service for the Government.
(3) No liability for pollution damage shall attach to the
owner if the owner proves that the damage -
(a) resulted from an act of war, hostilities, civil war,
insurrection or a natural phenomenon of an
exceptional, inevitable and irresistible character;
or
(b) was wholly caused by an act or omission done with
intent to cause damage by a third party; or
(c) was wholly caused by the negligence or other
wrongful act of Government or any other
authority responsible for the maintenance of
lights or other navigational aids in the exercise of
that function.
(4) If the owner proves that the pollution damage resulted
wholly or partially either from an act or omission done with
intent to cause damage by the person who suffered the damage
or from the negligence of that person, the owner may be
exonerated wholly or partially from liability to that person.
(5) When an incident involving two or more ships occurs

and pollution damage results from the incident, the owners of
all the ships concerned, unless exonerated under subsections (3)
and (4), shall be jointly and severally liable for all such damage
which cannot be reasonable attributed to one or other of them.
(6) No claim for compensation for pollution damage may be
made against the owner of a ship otherwise than in accordance
with this Part.
(7) No exemption or exoneration from liability under this
Part shall affect the liability of any person for an offence
committed against this Act.
42. Liability for oil pollution damage-(1) Liability for any

oil pollution damage caused by the tanker as a result of the
incident shall apply to -
(a) the owner of an oil tanker at the time of an incident;
and also
(b) where the incident consists of a series of
occurrences, the owner at the time of the first
such occurrence.
(2) No claim for compensation for oil pollution damage may
be made against the owner otherwise than in accordance with
this Part, but this shall not affect the liability of any person
under any other law in relation to the pollution.
(3) No claim for compensation for oil pollution damage
under this Part may be made against -
(a) servants or agents of the owner, or members of the
crew of the ship;
(b) the pilot or any other person who, without being a
member of the crew of the ship, performs
services for the tanker;
(c) any charterer (howsoever described, including a
bareboat charterer), manager or operator of the
tanker;
(d) any person performing salvage operations with the
consent of the owner, or on the lawful
instructions of a public authority;
(e) any person taking preventive measures in relation to

the cause of the pollution from the ship, or its
effects; or
(f) all servants or agents of persons mentioned in
paragraphs (c), (d) and (e),
unless the damage resulted from their personal act or omission,
committed with the intent to cause such damage, or done
recklessly and with knowledge that such damage would
probably result.
(4) Nothing in this Part shall prejudice any rights of the
owner in relation to third parties.
43. Liability for pollution damage from hazardous and

noxious substances-(1) Liability for any pollution damage
caused by any hazardous and noxious substances in connection
with their carriage by sea on board the ship shall apply to -
(a) the owner of the ship at the time of an incident; and
also
(b) where the incident consists of a series of
occurrences, the owner at the time of the first
such occurrence.
(2) No liability for pollution damage referred to in
subsection (1) shall attach to the owner if the owner proves that
the failure of the shipper or any other person to furnish
information concerning the hazardous and noxious nature of the
substances shipped has either -
(a) caused the damage, wholly or partly; or
(b) led the owner not to obtain compulsory insurance
required by the HNS Convention –
if neither the owner nor its servants or agents knew or ought
reasonably to have known of the hazardous and noxious nature
of the substances shipped.
(3) No claim for compensation for pollution damage arising
from hazardous or noxious substances under this Part may be
made against –
(a) servants or agents of the owner or members of the

crew of the ship;
(b) the pilot or any other person who, without being a
member of the crew of the ship, performs
services for the ship;
(c) any charterer (howsoever described, including a
bareboat charterer), manager or operator of the
ship;
(d) any person performing salvage operations with the
consent of the owner or on the instructions of a
competent public authority;
(e) any person taking preventive measures; or
(f) all servants or agents of persons mentioned in
paragraphs (c), (d) and (e);
unless the damage resulted from their personal act or omission,
committed with the intent to cause such damage, or recklessly
and with knowledge that such damage would probably result.
(4) Nothing in this Part shall prejudice any existing right of
the owner against any third party, including the shipper or the
receiver of the substance causing the damage, or the persons
indicated in subsection (3).
44. Liability for pollution damage from bunkers –

Liability for pollution damage from Bunkers shall be applied in
accordance with the common law of Samoa, which shall be
subject to any applicable provisions of the Bunkers Convention
which makes any particular provision in relation to –
(a) the liability of certain persons;
(b) the extent of that liability; and
(c) principles or procedures to be applied in relation to
assessing or discharging that liability.
45. Actions for compensation-(1) Where -

(a) an incident has caused pollution damage in Samoa
(including its Territorial Sea and Exclusive
Economic Zone); or
(b) measures have been taken under this Act to prevent

or minimise pollution damage –
actions for compensation against the owner, insurer or other
person providing security for the owner’s liability may be
brought only in the courts of Samoa.
(2) All such actions shall be brought in the Supreme Court.
46. Limitation of liability for oil pollution damage-(1)

Persons who are liable for oil pollution damage under the
provisions of this Part may rely on any applicable limitations of
liability provided for in the Conventions specified in section
41(1), but this right is subject to any exceptions, conditions and
requirements -
(a) stated in this Part; and
(b) provided for in any of the applicable Conventions.
(2) For the purposes of determining the extent of any
applicable limitation of liability -
(a) the “unit of account” is the Special Drawing Right as
defined by the International Monetary Fund.
The amounts mentioned in this Part shall be
converted into Samoan currency on the basis of
the value of that currency by reference to the
Special Drawing Right on the date of the
constitution of the fund referred to or applying
under sections 46(5), 47(5) and section 49;
(b) the value of the Samoan currency, in terms of the
Special Drawing Right - shall be calculated in
accordance with the method of valuation applied
by the International Monetary Fund in effect on
the date in question for its operations and
transactions; and
(c) other calculations of the “unit of account” to local
currencies shall be in accordance with Article V
9 (a) - (c) of CLC 92, paragraphs (a) to (c) -
PROVIDED THAT these matters may be modified or replaced
by any other means of calculating the extent of liability
described as “units of account” provided for in Regulations
made under this Act, and such Regulations may have

retrospective effect to cure any problem that may arise in
determining the unit of account under these provisions.
(3) The owner of a ship shall be entitled to limit liability
under this section in respect of any one incident to an aggregate
amount calculated as follows -
(a) 3 million units of account for a tanker not exceeding
5,000 units of tonnage; and
(b) for a ship with a tonnage in excess of 5,000 units of
tonnage, for each additional unit of tonnage - 420
units of account in addition to the amount
mentioned in paragraph (a) –
PROVIDED THAT that this aggregate amount shall not in any
event exceed 59.7 million units of account.
(4) The owner shall not be entitled to limit liability under
this section unless he or she can prove that the pollution damage
–
(a) did not result from his or her personal act or
omission; and
(b) was not committed with the intent to cause such
damage; and
(c) that he or she had not acted recklessly, and with
knowledge that such damage would probably
result.
(5) To be entitled to any limitation under this section, the
owner must first constitute a fund for the total sum representing
the limit of the owner’s liability.
(6) The fund must be constituted in accordance with –
(a) any regulations made under this Act; or
(b) any requirements stipulated by the Chief Executive
Officer taking account of all applicable
requirements of laws dealing with the financial
accounts of the Government, if no Regulations
have been made; or
(c) otherwise, in accordance with any procedures stated
in CLC 92 (Article IX).
(7) The fund shall be distributed among the claimants in

proportion to the amounts of their established claims, as ordered
by a court of competent jurisdiction.
(8) If before the fund is distributed –
(a) the owner; or
(b) any servants or agents of the owner; or
(c) any person providing the owner with insurance or
other financial security –
has, as a result of the incident in question, paid compensation
for pollution damage, that person shall, up to the amount that
has been paid, acquire by subrogation, the rights which the
person so compensated would have enjoyed under this section.
(9) The right of subrogation provided for in subsection (8)
may also be exercised by a person other than those mentioned
that subsection in respect of any amount of compensation for
pollution damage that the person may have paid.
(10) Where the owner or any other person establishes that
he or she may later be compelled to pay (in whole or in part)
any amount of compensation to which a right of subrogation
may have applied had the compensation been paid before the
fund was distributed, the Court may order that a sufficient sum
shall be provisionally set aside to enable that person to enforce
his or her claim against the fund at a later date.
(11) Claims in respect of expenses reasonably incurred or
sacrifices reasonably made by the owner voluntarily to prevent
or minimise pollution damage shall rank equally with other
claims against the fund.
(12) For the purpose of this section the ship’s tonnage shall
be the gross tonnage calculated in accordance with the tonnage
measurement regulations contained in Annex 1 of the
International Convention on Tonnage Measurement of Ships
1969.
(13) The insurer or other person providing financial
security shall be entitled to constitute a fund in accordance with
this section on the same conditions and having the same effect
as if it were constituted by the owner.
(14) A fund may be constituted under subsection (13) even

if, by reason of subsection (4), the owner is not entitled to limit
his or her liability, but its constitution in that case shall not
prejudice the rights of any claimant against the owner.
47. Limitation of liability for damage from hazardous

and noxious substances-(1) Persons who are liable for
pollution damage arising from hazardous and noxious
substances under the provisions of this Part may rely on any
applicable limitations of liability provided for in the
Conventions specified in section 41, but this right is subject to
any exceptions, conditions and requirements –
(a) stated in this Part; and
(b) provided for in any of the applicable Conventions.
(2) The definitions and methods of calculation referred to
in subsection 46(2) shall apply to this section.
(3) The owner of a ship shall be entitled to limit liability
under this section in respect of any one incident to an aggregate
amount calculated as follows –
(a) 10 million units of account for a ship not exceeding
2,000 units of tonnage; and
(b) for a ship with a tonnage in excess of 2,000 units of
tonnage for each unit of tonnage from –
(i) 2,001 to 50,000 units of tonnage –
1,500 units of account in addition to the
amount mentioned in paragraph (a); and
(ii) for each unit of tonnage in excess of
50,000 units of tonnage – 360 units of
account, in addition to the amounts applying
under this section –
PROVIDED THAT this aggregate amount shall not in any
event exceed 100 million units of account.
(4) The owner shall not be entitled to limit liability under
this section unless he or she can prove that the pollution damage
–
(a) did not result from his personal act or omission; and
(b) was not committed with the intent to cause such
damage; and
(c) that he or she had not acted recklessly, and with
knowledge that such damage would probably
result.
(5) To be entitled to any limitation under this section, the
owner must first constitute a fund for the total sum representing
the limit of the owner’s liability.
(6) The fund must be constituted in accordance with –
(a) any regulations made under this Act; or
(b) in requirements stipulated by the Chief Executive
Officer taking account of all applicable
requirements of laws dealing with the financial
accounts of the Government, if no Regulations
have been made; or
(c) otherwise, in accordance with any procedures stated
in the HNS Convention.
(7) The fund shall be distributed among the claimants in
proportion to the amounts of their established claims, but claims
in respect of death or personal injury have priority over other
claims save to the extent that the aggregate of such claims
exceeds two-thirds of the total amount of the constituted fund.
(8) If before the fund is distributed –
(a) the owner; or
(b) any servants or agents of the owner; or
(c) any person providing him insurance or other
financial security –
has, as a result of the incident in question, paid compensation
for pollution damage, that person shall, up to the amount that
has been paid, acquire by subrogation, the rights which the
person so compensated would have enjoyed under this section.
(9) The right of subrogation provided for in subsection (8)
may also be exercised by a person other than those mentioned in
that subsection in respect of any amount of compensation for
pollution damage that the person may have paid, but this right is
subject to any applicable limitations on the rights of subrogation

under any law of Samoa.
(10) Where the owner or any other person establishes that
he or she may later be compelled to pay (in whole or in part)
any amount of compensation to which a right of subrogation
may have applied had the compensation been paid before the
fund was distributed, the Court may order that a sufficient sum
shall be provisionally set aside to enable that person to enforce
his or her claim against the fund at a later date.
(11) Claims in respect of expenses reasonably incurred or
sacrifices reasonably made by the owner voluntarily to prevent
or minimise pollution damage shall rank equally with other
claims against the fund.
(12) For the purpose of this section the ship’s tonnage shall
be the gross tonnage calculated in accordance with the tonnage
measurement regulations contained in Annex 1 of the
International Convention on Tonnage Measurement of Ships
1969.
(13) The insurer or other person providing financial security
shall be entitled to constitute a fund in accordance with this
section on the same conditions and having the same effect as if
it were constituted by the owner.
(14) A fund may be constituted under subsection (13) even
if, by reason of subsection (4), the owner is not entitled to limit
his or her liability, but its constitution shall in that case not
prejudice the rights of any claimant against the owner.
48. Limitation of liability for pollution damage from

bunkers – Any provision of the Bunkers Convention which
provides for any right of limitation of liability for pollution
damage involving bunkers shall have the force of law in Samoa,
and shall be applied by the Courts so as to give full effect to
such limitation.
49. Rights of owner on constitution of fund-(1) Where

after an incident, an owner, has duly constituted a fund in
accordance with the provisions of this Part, and is entitled to a

limitation on his or her liability –
(a) no person having a claim for pollution damage
arising out of that incident shall be entitled to
exercise any right against any other assets of the
owner in respect of the claim; and
(b) the Court shall order the release of any ship or other
property belonging to the owner which has been
arrested in respect of a claim for marine
pollution damage arising out of that incident, and
shall similarly release any bail or other security
furnished to avoid such arrest.
(2) Subsection (1) shall only apply if –
(a) the claimant has a right to take action in the Court
administering the fund; and
(b) the fund is available in respect of the particular claim
made by the claimant.
50. Requirement for insurance for pollution damage-(1)

This section applies to all –
(a) oil tankers carrying more than 2,000 tons of oil in
bulk as cargo in Samoan waters;
(b) ships carrying hazardous and noxious substances in
Samoan waters;
(c) Samoan ships having a gross tonnage greater than
300grt; and
(d) any other Samoan vessel, or class of Samoan vessel,
that is determined from time to time by the
Minister to be a vessel to which this section
applies.
(2) All ships to which this section applies must be covered
by insurance or other financial security in accordance with –
(a) any Convention to which this Act applies; and
(b) if the vessel is one to which subsection (1)(c) or (d)
applies, any requirement imposed by the Chief
Executive Officer that is consistent with this
section.
(3) The insurance cover or other financial security must be

in the form of a current –
(a) policy of insurance;
(b) bank guarantee;
(c) certificate issued by an international compensation
fund; or
(d) other appropriate security or cover prescribed by
Regulations made under this Act, or approved
from time to time by the Chief Executive
Officer.
(4) All ships to which this section applies must carry a
certificate which certifies that the ship currently has the required
insurance cover or other financial security, and which is issued
–
(a) in accordance with any applicable Convention to
which this Act applies; and
(b) by a competent authority under those Conventions,
or by the Chief Executive Officer under section
51.
(5) All certificates required to be carried under this section
shall be in the form required under the applicable Convention to
which this Act applies, and shall include the following
particulars –
(a) name of the ship, its distinctive number or letters and
its port of registry;
(b) name and principal place of business of the owner;
(c) IMO ship identification number;
(d) type and duration of security;
(e) name and principal place of business of insurer or
other person giving security and, where
appropriate, place of business where the
insurance or security is established; and
(f) period of validity of certificate, which shall not be
longer than the period of validity of the
insurance or other security.
(6) The certificate shall be carried on board the ship and a
copy shall be deposited with the authorities that keep the record
of the ship’s registry or, if the ship is not registered in a

Contracting State, with the authorities of the State issuing or
certifying the certificate.
(7) Certificates issued or certified under the authority of a
Contracting State in accordance with paragraph 2 of Article VII
of CLC 92, shall be accepted by Samoa for the purposes of that
Convention, and shall be regarded by Samoa as having the same
force as certificates issued or certified by them even if issued or
certified in respect of a ship not registered in a Contracting
State.
(8) All certificates to which this section applies shall be in
the official language or languages of the issuing State, and if
that language is not English, the text shall include a translation
into English.
(9) An insurance or other financial security required under
this section shall not satisfy the requirements of this section if it
can cease to extend cover for reasons other than the expiry of
the period of validity of the insurance or security specified in
the certificate under subsection (2), before 3 months have
elapsed from the date on which notice of its termination is given
to the authorities referred to in subsection (6), unless the
certificate has been surrendered to these authorities or a new
certificate has been issued within the said period.
(10) Subsection (9) shall similarly apply to any modification
that results in the insurance or security no longer satisfying the
requirements of this section.
(11) Any claim for compensation for pollution damage may
be brought directly against the insurer or other person providing
financial security for the owner’s liability for pollution damage,
and in such cases the defendant –
(a) may have the benefit of limitations of liability
prescribed in this Act, even if the owner is not
entitled to limit his or her liability;
(b) may avail himself or herself of the defences which
the owner would have been entitled to invoke
(other than a defence based upon the bankruptcy
or winding up of the owner);
(c) may claim the defence that the pollution damage

resulted from the wilful misconduct of the
owner;
(d) shall have the right to require the owner to be joined
in the proceedings -
but the defendant shall not have the right to claim any other
defence which he or she might have been entitled to invoke in
proceedings brought by the owner.
(12) In the case of oil pollution damage any sums provided
by insurance or by other financial security maintained in
accordance with subsection (1) shall be available exclusively
for the satisfaction of claims under CLC 92.
51. Issue of Certificates for Samoan ships and bunkers-

(1) In relation to all Samoan ships of the nature specified in
subsection 50(1), the Ministry -
(a) shall apply all relevant insurance related
requirements to Samoan vessels in accordance
with all applicable Conventions to which this
Act applies, and to any additional requirements
applying under this Act;
(b) ensure that the insurance cover or other financial
security relating to the vessel meets the
requirements stated in subsections 50(3), (5), (8)
and (9); and
(c) may issue a certificate in the appropriate form and
meeting the requirements of the applicable
Convention.
(2) No Samoan ship to which section 50 applies may
conduct any trade unless –
(a) it is covered by the required policy of insurance or
other financial security as required by this Part;
(b) a certificate has been issued under this section.
(3) The owner and master of any Samoan ship which
breaches any of the requirements of subsection (2) commit an
offence and shall be liable upon conviction to a fine of 2,500
penalty units, or to a term of imprisonment for a period of 3

years, or both.
(4) Regulations made under this Act may require bunkers in
Samoa to have prescribed insurance cover, or any other
prescribed financial security, and may make provision in
relation to any matter associated with such a requirement.
52. Failure to carry the required certificate insurance-(1)

No ship, wherever registered, may enter or leave a Samoan port
unless it has current insurance cover or other financial security
as required under this Part.
(2) The owner and master of any ship which breaches
subsection (1) commit an offence and shall be liable upon
conviction to a fine of 2,500 penalty units, or to a term of
imprisonment for a period of 3 years, or both
53. Limitation periods for compensation claims-(1) No

claim for compensation under this Part may be made unless the
claim is brought within 3 years from the date that the damage
occurred.
(2) Where the damage does not arise immediately following
the incident, no claim for compensation under this Part may be
made after the expiration of 6 years from the date of the
incident that caused the damage.
(3) Where the incident consists of a series of occurrences,
the limitation period provided for in subsection (2) shall run
from the date of the first occurrence.
54. Jurisdiction of courts where pollution damage occurs

in more than one State-(1) Where -
(a) an incident has caused pollution damage in Samoan
waters and in the Territorial Sea or Exclusive
Economic Zone of one or more Contracting
States; or
(b) preventive measures have been taken to prevent or

minimise pollution damage in Samoan waters
and in the Territorial Sea or Exclusive Economic
Zone of one or more Contracting States -
actions for compensation may only be brought in the Courts of
Samoa or any such Contracting States.
(2) After the fund has been constituted in accordance with
the provisions of this Part the court or jurisdiction in which the
fund is constituted shall be exclusively competent to determine
all matters relating to the apportionment and distribution of the
fund.
55. Judgements enforceable-(1) Any judgement given by

a Court with jurisdiction in accordance with section 54, which is
enforceable in the State of origin, where it is no longer subject
to ordinary forms of review, shall be recognised in any
Contracting State, except –
(a) where the judgement was obtained by fraud; or
(b) where the defendant was not given reasonable notice
and a fair opportunity to present its case.
(2) A judgement recognised under subsection (1) shall be
enforceable in each Contracting State as soon as the formalities
required in that State have been complied with, which may be
prescribed by Regulations made under this Act, or by Rules of
the Court.
(3) The use of the procedures under this section shall not
permit the merits of the case to be re-opened.
56. Exemptions-(1) The provisions of this Part shall not

apply to warships or other ships owned or operated by a State
and used, for the time being, only on government non-
commercial service.
(2) With respect to ships owned by a Contracting State and
used for commercial purposes, each State shall be subject to suit
in the jurisdictions specified in section 54 and shall waive all
defences based on its status as a sovereign State.
57. International Fund-(1) For the purposes of this section

and sections 58 and 59, “the International Fund” is the
International Fund for compensation for pollution damage
established under the FUND Convention 92, with the following
objectives –
(a) to provide compensation for pollution damage to the
extent that the protection afforded by CLC 92 is
inadequate; and
(b) to give effect to the related purposes set out in
FUND Convention 92.
(2) The International Fund is hereby recognised as a legal
person capable under the laws of Samoa of assuming rights and
obligations, and of being a party in legal proceedings before the
courts of Samoa.
(3) The Director of the International Fund shall be its legal
representative.
58. Application of the FUND Convention 92 - The FUND

Convention 92 shall apply exclusively –
(a) to pollution damage caused in Samoa, including its
Territorial Seas and Exclusive Economic Zone;
and
(b) to preventive measures, wherever taken, to prevent
or minimise such damage.
59. Claims to the International Fund – A claim to the

International Fund to pay compensation (in accordance with the
provisions of FUND Convention 92) may be made and
processed in accordance with Regulations made under this Act
by a person who suffers pollution damage, if that person has
been unable to obtain full and adequate compensation for the
damage under the terms of CLC 92.
PART VI - DUMPING AND INCINERATION

OF WASTES
60. General application of this Part - The principles and

provisions of the London Convention as amended by the Protocol
of 1996 relating thereto, and the Waigani Convention relating to
the dumping and incineration of wastes at sea shall be applied in
Samoa in accordance with –
(a) the provisions of any Act dealing with the
management of wastes; or
(b) in the absence of such an Act, in accordance with
regulations made under this Act
61. Offences relating to disposing of wastes at sea-(1)

The owner or master of any vessel from or on which wastes are
-
(a) dumped at sea otherwise than as permitted by this
Act; or
(b) incinerated at sea -
commits and offence and shall be liable upon conviction to a
fine not exceeding 5,000 penalty units, or to a term of
imprisonment not exceeding 2 years, or both.
(2) It shall be a defence to a prosecution taken under
subsection (1) if the offender can prove that he or she had an
authority issued under a relevant law that permitted the
particular activity of dumping or incineration.
(3) The principal responsibility for enforcing the provisions
of this Act, or any other law which regulates the dumping an
incineration of wastes at sea shall lie with the Ministry
responsible for the environment, but this shall not affect the
validity of any prosecution duly taken for an offence against
this section.
PART VII - MISCELLANEOUS PROVISIONS
62. General offences and penalties-(1) A person who

breaches any requirement, duty or obligation provided for in
this Act, or any regulation made under this Act, for which no
offence is stated or no penalty is provided for, commits an
offence and shall be liable upon conviction to a fine not
exceeding 300 penalty units.
(2) Where any offence against this Act continues for a
period after the initial breach and no other penalty is provided
elsewhere for the continuance of the offence, a person who
commits that offence shall, in addition to any other liability, be
liable upon conviction to a fine not exceeding 300 penalty units
for every day during which the offence continues.
63. Recovery of fines by distress-(1) The Court may

direct that a vessel or its equipment be sold, and that the
proceeds of sale be applied to the payment of fines and costs
awarded against any person convicted of an offence against this
Act, if -
(a) the person ordered to pay the fines or costs is the
owner or master of the vessel; and
(b) that person has failed or refused to pay the fine or
costs, or any part of them within the time and in
the manner –
(i) ordered by the court; or
(ii) applying by reason of any relevant
law.
(2) The power provided for under subsection (1) is in
addition to any other power that the Court may have to compel
payment of the fine or costs, and shall apply notwithstanding
the provisions of any other Act.
64. Regulations-(1) The Head of State, acting on the

advice of Cabinet, may make Regulations for any purpose for
which Regulations are contemplated or required by this Act,
and may make any other Regulations which are necessary or
expedient for the purpose of giving effect to this Act or the

provisions of any Convention to which this Act applies.
(2) Without limiting the generality of subsection (1),
Regulations may make provision in relation to –
(a) the design requirements applying to vessels so as to
apply the provisions of any applicable
Convention to which this Act applies;
(b) the pollution prevention equipment which must be
carried on board vessels, or which must
otherwise be available to respond to a marine
pollution incident;
(c) the operations and operational requirements applying
to vessels so as to apply the provisions of any
applicable Convention to which this Act applies;
(d) any other measures to prevent the discharge of non-
indigenous harmful aquatic organisms or
pathogens from ballast waters, or by any other
activity;
(e) regulating hull scraping and other aspects of vessel
cleaning operations;
(f) the provision, management and utilisation of waste
reception facilities for vessels, and any other
matter associated with the discharge or disposal
of wastes from vessels;
(g) the provision, management and utilisation of
equipment necessary to respond to marine
pollution incidents from any vessel or relevant
land-based facility;
(h) the consideration and granting of Discharge Permits
under section 14;
(i) the duties to report discharges or pollution incidents;
(j) the duties to keep records for any purpose associated
with the implementation of this Act, and for the
production of such records;
(k) further powers to be exercised by persons appointed
to undertake investigations or inspections under
this Act;
(l) the preparation and enforcement of any aspect of the

NATPLAN;
(m) any additional responsibilities of any Committee
established under this Act;
(n) any matter which may facilitate regional cooperation
in relation to marine pollution prevention,
preparedness or response;
(o) additional powers and functions of the On-Scene
Commander under this Act;
(p) additional powers and procedures to recover marine
pollution levies and other charges imposed under
this Act;
(q) additional powers to be exercised in the event of a
marine casualty;
(r) any procedure and power relating to making or
responding to any request for assistance in
accordance with any Convention to which this
Act applies;
(s) additional requirements relating to the insurance or
other financial securities required to be held by
Samoan ships, and other vessels in Samoan
waters, and in relation to bunkers; and
(t) any matter associated with the certificates required
under this Act relating to the requirements for
vessels to have insurance or other financial
security.
___________
The Marine Pollution Prevention Act 2008 is administered by the

Ministry of Works, Transport and Infrastructure
Printed by the Clerk of the Legislative Assembly,

by authority of the Legislative Assembly.

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2008 Marine Pollution Prevention No.

PART I 13. Management of waste

41.General application of this 60. General application of this

AN ACT to provide for the prevention of pollution to the

BE IT ENACTED by the Legislative Assembly of Samoa in

1. Short title and commencement-(1) This Act may be

2. Interpretation-(1) In this Act, unless the context

“ballast water” has the meaning given to it in Marpol 73/78;

“contributing chemical site” means any site within Samoa

platforms or other man-made structures at sea;

continuously or periodically, but does not include oil,

structure at sea - and “to incinerate” and “incinerated”

“MARPOL 73/78” means the International Convention for

(b) in Part V of this Act, any persistent hydrocarbon

(vi) any other person interested in or in

contaminated by any such substance, and any other

tourist attractions, public health and welfare, and the

“SPREP” means the South Pacific Regional Environment

3. Application of international marine pollution

South Pacific by Dumping (SPREP Dumping

(k) International Convention on the Control of Harmful

(6) The Ministry shall have the principal responsibility for

4. Act to bind the Government-(1) Subject to the

5. Application of this Act and other pollution laws-(1)

6. Criminal liability under this Act-(1) Unless otherwise

PART II - MARINE POLLUTION PREVENTION

7. Design of vessels and pollution prevention equipment-

(2) Subject to subsection (3), the owner and master of any

8. Operation of vessels-(1) All vessels to which MARPOL

(b) if the vessel is 24 metres or less - to a fine not

9. Discharge of pollutants or harmful substances-(1) For

(b) subject to the provisions of this Act concerning

(i) the oil tanker is not in a special area;

and control system and oil filtering

10. Discharge of ballast water-(1) No ballast water

(b) in the form approved by the Chief Executive Officer

11. Hull scraping and cleaning-(1) The scraping and

(2) Any person who scrapes or cleans any hull or other

12. Anti-fouling systems-(1) The Anti-fouling Convention

(4) The use and application of harmful anti-fouling systems

13. Management of waste from ship repair facilities-(1)

(3) The owner or operator of a ship repair facility who

14. Discharge Permits-(1) A person wishing to discharge

(b) the environmental impacts that are likely to occur

15. Waste reception facilities in ports-(1) Regulations

(a) by Regulations made under this Act; or

16. Duty to report discharges-(1) If any pollutant, harmful

(c) the event to which the discharge is directly

(3) If any vessel becomes stranded, wrecked or is

17. Records-(1) The master of -

(h) discharge overboard or disposal otherwise of bilge

(c) any other operations in respect of pollutants specified

18. Powers of inspection-(1) The Chief Executive Officer

(b) test any equipment with which the vessel or platform

provisions of this Act, the Chief Executive Officer shall

PART III - MARINE POLLUTION RESPONSE

19. General Application of this Part-(1) The applicable law

(d) where the incident emanates from any source other

20. Committee to be established under this Part-(1) For

(iii) fuel suppliers; and