HL Deb 26 June 1922 vol 50 cc1167-71

Amendments reported (according to Order).

Clause 1:

Penalty for discharge of oil into navigable waters.

1.—(1) If any oil is discharged, or allowed to escape whether directly or indirectly, into any waters to which this Act applies from any vessel or from any place on land or from any apparatus used for the purpose of transferring oil from or to any vessel to or from any other vessel (whether a vessel within the meaning of this Act or not) or to or from any place, the owner or master of the vessel, the occupier of the land, or the person having charge of the apparatus, as the case may be, shall be guilty of an offence and shall in respect of each such offence be liable on summary conviction to a fine not exceeding one hundred pounds:

Provided that it shall be a good defence to proceedings for an offence under this section to prove—

  1. (a) if the proceedings are against the owner or master of a vessel, that the escape of the oil was due to, or that it was necessary to discharge the oil by reason of, the vessel being in collision or the happening to the vessel of some damage or accident, and also, if the proceedings are in respect of an escape of oil, that all reasonable means were taken by the master to prevent the escape; and
  2. (b) if the proceedings are against any other person and are in respect of an escape of oil, that all reasonable means were taken by that Person to prevent the escape.

(2)—(a) Notwithstanding the provisions of this section the harbour authority may appoint a place or places within their jurisdiction within the area of which vessels which have brought a cargo of petroleum spirit may discharge their ballast water at such times and subject to such conditions as the harbour authority may from time to time determine.

(b) For the purposes of this subsection petroleum spirit means refined petroleum which is subject to rapid evaporation, and has a flash point below 73° Fahrenheit. (Abel close test).

Amendments moved—

Clause 1, page 1, line 11, leave out ("within the meaning of this Act") and insert ("to which this Act applies")

Clause 1, page 1, line 12, after ("vessel") insert ("from which the oil is discharged or allowed to escape").—(Lord Somerleyton.)

On Question, Amendments agreed to.

LORD SOMERLEYTON moved to leave out subsection (2) and insert:

"(2) It shall be lawful for a harbour authority to appoint a place within their jurisdiction at which the ballast water of vessels in which a cargo of petroleum spirit has been carried may be discharged, and where a place is so appointed any such ballast water may, notwithstanding anything in this section, be discharged at that place, but only at such times and subject to such condition as the harbour authority may from time to time determine:" Provided that the foregoing provision shall not apply to ballast water containing oil other than petroleum spirit. For the purposes of this subsection the expression 'petroleum spirit' means refined petroleum which is subject to rapid evaporation and which, when tested in the manner prescribed by the Petroleum Act, 1879, or any enactment amending that Act, gives off an inflammable vapour at a temperature of less than 73 degrees of Fahrenheit's thermometer.

The noble Lord said: This Amendment is almost entirely drafting. It makes it clear that the concession does not apply to any other oil except petroleum spirit, and the definition of petroleum spirit is made rather more elastic so as to provide for an alteration in the manner of returning the flashpoint.

Amendment moved— Page 2, lines 5 to 15, leave out subsection (2) and insert the said new subsection.—(Lord Somerleyton.)

On Question, Amendment agreed to.

Clause 2:

Prohibition of transfer of oil at night.

2.—(1) It shall not be lawful during the hours between sunset and sunrise to transfer any oil to or from any vessel lying in any harbour unless notice of intention so to do has been given in accordance with the provisions of this section.

(2) If any oil is transferred to or from any vessel in contravention of the provisions of this section, the master of the vessel or, if the oil is transferred from or to a barge, the person in charge of the barge and the occupier of the premises from or to which the oil is transferred, shall in respect of each offence be liable on summary conviction to a fine not exceeding twenty pounds.

(3) A notice for the purposes of this section must be given to the harbour master of the harbour in which the vessel is lying and shall be of no effect unless given at least three hours and not more than ninety-six hours before the time at which the operation of transferring the oil commences: Provided that in the case of an operation to be performed at a place where such operations are frequently and regularly carried on, the notice may, instead of being a notice given to the harbour master within the time hereinbefore provided, be a general notice given to the harbour master to the effect that such operations will during such period not exceeding twelve months from the date of notice, as may he specified therein, be carried on between sunset and sunrise.

LORD SOMERLEYTON moved, in subsection (2), to leave out the words "or, if the oil is transferred from or to a barge, the person in charge of the barge and the occupier of the premises from or to which the oil is transferred shall," and to insert: "and, if the oil is transferred from or to premises on land the occupier of the premises." The noble Lord said: This is a drafting Amendment:

Amendment moved— Clause 2, page 2, lines 23 to 25, leave out from ("vessel") in line 23, to ("shall") in line 25, and insert ("and, if the oil is transferred from or to premises on land the occupier of the premises") —(Lord Somerleyton.)

On Question, Amendment agreed to.

LORD SOMERLEYTON moved, in the proviso to subsection (3), after "carried on," to insert "or in the case of a transfer, of oil for fire brigade purposes." The noble Lord said: In Committee, Lord Monk Bretton expressed a doubt as to whether the words "at a place" could be held to cover a long stretch of river, and this Amendment is proposed in order to meet the objection he then raised.

Amendment moved— Clause 2, page 2, line 36, after ("on") insert ("or in the case of a transfer of oil for fire brigade purposes").—(Lord Somerleyton.)

On Question, Amendment agreed to.

Clause 4:

Liquid contained in spaces used for carriage of oil to be deemed oil for purposes of Act.

4.—(1) Where oil has been contained in any tanks or other spaces in a vessel, any liquid discharged or allowed to escape from those tanks or spaces shall, unless it is proved that the tanks or spaces have been cleaned of oil, or that the liquid has been freed from oil by means of a separating apparatus, be deemed to be oil within the meaning of this Act.

(2) In the case of proceedings against any person other than the master of a vessel the matters aforesaid may be proved by means of a certificate signed by the master, and if the master of a vessel gives any, certificate under this section which is to his knowledge false or in any material particular misleading he shall on summary conviction be liable in respect of each offence to a fine not exceeding fifty pounds.

(3) In this section the expression "master of a vessel" means the person named as the master in the agreement with the crew.

LORD SOMERLEYTON

The first Amendment on this clause is purely drafting.

Amendment moved— Clause 4, page 3, line 40, after ("vessel") insert ("evidence of").—(Lord Somerleyton.)

On Question, Amendment agreed to.

LORD SOMERLEYTON moved, in subsection (2), to leave out "proved" and insert "given." The noble Lord said: This is to make it clear that the master's certificate is not necessarily to be taken as conclusive proof, the intention being merely that the certificate may be brought forward as evidence.

Amendment moved— Page 3, line 41, leave out ("proved") and insert ("given").—(Lord Somerleyton.)

On Question, Amendment agreed to.

Clause 8:

Interpretation and application.

(2) This Act shall not apply to a vessel which is constructed or fitted so that not more than five tons of oil can be carried in bulk whether as cargo or for bunker purposes in any space or container provided that not more than twenty-five tons of oil in all is carried in such vessel

LORD SOMERLEYTON moved to leave out from "shall" in subsection (2) and insert "apply to any vessel which is capable of carrying in bulk, whether for cargo or for bunker purposes, more than twenty-five tons of oil, or which, though not so capable, is constructed or fitted to carry in bulk as aforesaid more than five tons of oil in any one space or container." The noble Lord said: The reason for this Amendment is that it is desirable that the criterion determining whether a vessel should come within the scope of the Bill or not should be the structural capacity of the vessel and not the amount of oil actually carried by the vessel. Otherwise, a vessel might at one moment be outside the Act and at the next moment inside the Act, and obvious difficulties would arise.

Amendment moved— Clause 8, page 6, lines 35 to 39, leave out from ("shall") in line 35 to end of line 39, and insert the said word.—(Lord Somerleyton.)

On Question, Amendment agreed to.

Clause 9.

Short title and saving.

9.—(1) This Act may be cited as the Oil in Navigable Waters Act, 1922.

(2) The provisions of this Act shall be in addition to and not in derogation of or substitution for any provisions for the protection of a harbour as, defined in this Act contained in any existing act or re-enactment thereof or in any order, rule, regulation, or bye-law made or to be made under such Act.

LORD SOUTHBOROUGH had an Amendment on the Paper to insert "and shall come into force on the first day of January, nineteen hundred and twenty-three." The noble Lord said: The noble Lord in charge of the Bill has an Amendment which is more suitable, and therefore I do not desire to move mine.

LORD SOMERLEYTON moved, after subsection (2), to insert the following new subsection: "This Act shall come into operation on the first day of January, nineteen hundred and twenty-three." The noble Lord said: I think this Amendment will meet the views of the noble Lord. The Board of Trade are satisfied that the interests concerned are taking steps to cope with the difficulty and therefore recommend that this small extension of time should be given, being anxious that all should work harmoniously together without friction.

Amendment moved— Page 7, line 12, at end insert the said new subsection.—(Lord Somerleyton.)

On Question, Amendment agreed to.