Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698746785949.pdf (Namibia)
REPUBLIC OF NAMIBIA NATIONAL ASSEMBLY PREVENTION AND COMBATING OF POLLUTION OF THE SEA BY OIL AMENDMENT BILL (As read a First Time) (Introduced by the Minister a/Works and Transport) [B.

4 - 2019] 2 EXPLANATORY NOTE: Words underlined with a solid line indicate insertions in existing provisions.

Words in bold type in square brackets indicate omissions from existing provisions.
BILL To and Combating amend the Prevention Act, 1981, so as to insert some definitions; "prohibited area"; oil and other harmful and prohibited areas; provide for incidental matters.
to substitute to require permission ofthe Minister of Pollution of the Sea by Oil the definition of for the transfer of substances between ships and tankers to increase the penalties for certain offences; and to in harbours BE IT ENACTED as passed by the Parliament, and assented to by the President, of the Republic of Namibia as follows: Amendment of section 1 of Act No.6 of 1981 as amended by Act No.

24 of 1991 1.
Section 1 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981 (in this Act referred to as the "Principal Act") is amended - (a) by the insertion after the definition of "discharge" of the following definition: ""harmful substance" means any oil based substance which, if introduced into the sea, is likely to create a hazard to human health, harm any living substance, resources or marine life, damage amenities or interfere with other legitimate uses of the sea and includes mixtures of oil with water or any other substance;"; and (b) by the substitution for the definition of "prohibited area" of the following definition: ""prohibited area" means the [territorial sea of Namibia and that portion of_the] exclusive economic zone of Namibia, as defined in section 4 of the Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act No.3 of 1990)[, situated within a distance of fifty nautical miles from the low-water mark, and includes the sea between the high-water and low-water marks] and internal waters as defined in section 1 of the Marine Traffic Act, 1981;".
Amendment of section 21 of Act No.6 of 1981 as amended by Act No.

24 of 1991 and Act No.2 of 1994 2.

Section 21 of the principal Act is amended by the substitution for subsection (1) of the following subsection: "(1) No person shall - 3 (a) (b) Ports Authority Act, 1994 (Act No.2 outside a harbour, being a port as defined in section 1 of the Namibian of 1994), or as defined in section 1 of the Sea Fisheries a fishing harbour Act, 1992 (Act No.
29 of 1992), and within the prohibited area, render any ship or tanker, having any oil or harmful substance [or any tanker] on board (whether its own power; or incapable of sailing or manoeuvering as cargo or otherwise), under within the prohibited area transfer any oil or harmful from any ship or tanker offshore ship or tanker, substance to any other ship or tanker or to an to any or from such offshore installation installation except with the permission of this Act.".
of the Minister and in accordance with the provisions Amendment and Act No.

24 of 1991 of section 30 of Act No.6 of 1981 as amended by Act No.

63 of 1987 3.
Section subsection (2) of the following subsection: 30 of the principal Act is amended by the substitution for "(2) Any person convicted of an offence referred to in - (a) (b) (c) (d) section 3(4), 8(2), 13(7),24(5) to a fine not exceeding period not exceeding such imprisonment; or subsection shall be liable for a [six months] one year or to both such fine and [RIO 000] N$40 000 or to imprisonment (1)(a)(i), (b )(iv), (1 )(b )(iii), subsection liable to a fine not exceeding for a period not exceeding such imprisonment; .
(c )(iii) or (c )(iv), shall be (c )(i), (c )(ii), [R20 000] N$80 000 or to imprisonment [one year] two years or to both such fine and subsection (1)(a)(ii), N$800 000 or to imprisonment years or to both such fine and such imprisonment; shall be liable to a fine not exceeding for a period not exceeding [R40 000] [two] 20 section 2(1) or 13(6) or subsection (1 )(b )(i) or (b )(ii), shall be liable to a fine not exceeding for a period not exceeding imprisonment.".
[R200 000] N$l 000 000 or to imprisonment [five] 25 years or to both such fine and such Short title 4.

This Act is called the Prevention and Combating of Pollution of the Sea by Oil Amendment Act, 2019.