Marine Pollution Act 2013.

This Act, consisting of 246 articles and divided into nine parts, provides for the framework for the prevention of marine pollution, and the management of the marine environment in the Country and incorporates best practices adopted by the International Maritime Organisation on Marine Pollution. Part I defines application of the Act, administration and interpretation of relevant terms. The Act applies to all the Gambian civilian ships and to the non-Gambian ships while in a port or any other place within the territorial and maritime jurisdiction of the Gambia. The Act identifies the Gambia Maritime Administration as the Authority responsible for administering the Act and defines the relevant terms, including: exclusive economic zone; high seas; internal waters; territorial sea. Part II concerns powers and jurisdiction under the UNCLOS and the MARPOL. Matters covered by this Part concern: pollution prevention measures in accordance with the international instruments; notification of imminent or actual damage; measures concerning vessels; monitoring of effects of pollution and assessment of potential effects of institutional activities.
Part III concerns intervention on the high sea and refers to the 1969 International Convention relating to Intervention on the High Seas in cases of oil pollution casualties. The relevant terms defined are: maritime casualty; oil; related interests; ship; substances other than oil liable to create hazards. Matters covered by this Part concern: duties of the Minister, power and limitation to take measures against pollution; compensation and settlement of disputes. Part IV concerns prevention of marine pollution by dumping of wastes and refers to the 1972 Convention on the Prevention of Marine Pollution by dumping of Wastes. The relevant terms defined are: dumping; incineration at sea; pollution; vessels and aircraft. The Part IV is applicable to the sea and the internal waters of the Country and to vessels and aircrafts. Matters covered by this Part include: obligation of authorised persons concerning prevention of pollution; prohibition on dumping of waste and related permits; prohibition of incineration at sea and of export of waste; exceptions in cases of distress or other emergencies; offences; record keeping and reporting.
Part V concerns prevention of pollution from ships. Matters covered by this Part include: definition of relevant terms, including: discharge; harmful substance; special area; area of application; enforcement; reports on incidents involving harmful substances; communication of information; investigation on casualties to ships; prevention of pollution by oil and related surveys; report of accidents and defects; control discharge of oil; prevention of pollution by noxious liquid substances and their categorisation; use of cleaning agents or additives; discharge of residues; shipboard marine pollution emergency plan; offences; prevention of pollution by harmful substances carried by sea in packaged form; marking and labelling of packages; prevention of pollution by sewage and by garbage from ships and prevention of air pollution from ships; power of the Minister to make regulations for preventing pollution from ships. Part VI concerns oil pollution emergency plan, response and related procedures; national and regional systems for preparedness and response; international and multilateral cooperation in pollution response; research and development. Part VII concerns liability and compensation for pollution damage; international oil pollution compensation fund; carriage of hazardous and noxious substances; incidents involving ships. Part VIII and IX concern enforcement; procedural matters; duty of the ship’s owner to report discharge of oil into harbour and other waters; restriction on transfer of oil. Twenty three attached schedules complete and define the Act.