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Prevention and Combating of Pollution of the Sea by Oil Amendment Act 63 of 1987
GENERAL EXPLANATORY NOTE:
__ Words underlined with solid line indicate insertions in existing enactments.
Act
- to amend the Prevention and Combating of Pollution of the Sea by Oil Act, 1981, so as
- to make provision for the jurisdiction of courts and for the imposition of penalties; and
- to provide for matters connected therewith.
(English text signed by the State President.)
(Assented to 11 September 1987.)
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-
Amendment of section 20 of Act 6 of 1981.
1. Section 20 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981, is hereby amended by the addition of the following subsection:
"(4) Any offence under this Act shall, for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed at any place where the accused happens to be.".
Amendment of section 30 of Act 6 of 1981.
2. Section 30 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981, is hereby amended by the addition of the following subsections:
"(3) If any person-
(a) admits to the Director-General that he has contravened any provision of this Act, or that he has failed to comply with any such provision with which it was his duty to comply;
(b) agrees to abide by the decision of the Director-General; and
(c) deposits with the Director-General such sum as that officer may require of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question,
the Director-General may, after such enquiry as he deems necessary, determine. the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited.
(4) There shall be a right of appeal to the Minister, whose decision shall be final, from a determination or. order of the Director- General under subsection (3) whereby a penalty exceeding R500 is imposed, provided such right is exercised within a period of three months from the date of such determination or order.
(5) The imposition of a penalty under subsection (3) shall be deemed not to be a conviction of an offence, but no prosecution in respect of the offence in question may thereafter be instituted.".
Short title.
3. This Act shall be called the Prevention and Combating of Pollution of the Sea by Oil Amendment Act, 1987.
Commencement
25 September 1987
