Royal Decree 34/74 The Marine Pollution Control Law

We, Qaboos bin Said, the Sultan of Oman

We hereby issue a decree on the Marine Pollution Control Law, in Our steadfast commitment to promote the public, social, and economic interests of Our Sultanate and for other purposes that bring benefit to Our beloved nation.

Chapter One
General Provisions

Article 1.1

The declared policy of Ours and that of the Government of the Sultanate mandates putting an end to all forms of pollution, mitigating its risks, and preventing it in the waters adjacent to the lands of the Sultanate of Oman in order to preserve the environment of the territory.

Article 1.2

The terms used in this law and any other systems issued by virtue of it have the following meaning, unless specified otherwise:

Discharge:
Includes any spilling, leaking, pumping, pouring, emitting, emptying, throwing, or dumping, but its meaning is not limited to these concepts.

Minister:
Means the Minister of Transport and Public Services or any person or persons designated by the minister to manage and implement this law and any systems issued by virtue of this law, including a pollution control officer as defined in this law. However, the person or persons so concerned do not have the authority to issue systems by virtue of this law or authorise the sinking or destruction of a vessel or the destruction of an offshore site in accordance with article 5.7 of this law.

Occupier:
Means, in relation to any offshore site, the person actually residing at that site, the person responsible for such offshore site, or the owner of such offshore site. It also means, in relation to road machinery, the person responsible for the machine or its owner, but not the occupant or owner of the offshore site in which the machine is located.

Oil:
Means oil or any type of liquid hydrocarbons, without limiting the generality of the foregoing, and includes all forms of petrol, crude oil, furnace oil, lubricating oil, diesel oil, oil sludge, and oil waste.

Oil transport systems:
This includes, but is not limited to, any pipe or pipeline used to transport oil from one place or vessel to another, as well as pumps, other equipment, or storage facilities necessary for the use of these pipes or pipelines; any other systems such as those generally used in the operation of single buoy mooring systems for loading or unloading oil; or any storage facility. It also includes pumping and transporting oil in deepwater port facilities.

Oily mixture:
Means any mixture containing 100 parts or more of oil per 1,000,000 parts of the mixture.

Owner:
Means, in relation to a vessel, the person whose name is registered as the owner of the vessel or that person who currently enjoys, either by law or by contract, the rights of ownership of the vessel in relation to its possession and use, and this concept includes the charterer of the vessel and its master but is not limited to them. In relation to oil transport systems, it means the owner of such systems or the person responsible for it.

Offshore site:
Means anything that is anchored or resting on the seabed, coastline, or any other waters within the pollution-free zone or located within the territory of the Sultanate. It includes any storage tanks or their installations, drilling platforms or their equipment, and any floating object, but does not include vessels if anchored or resting in this manner.

Pollutant: Means:

1. Oil or oily mixture.

2. Any substance of a hazardous or harmful nature, such as sewage, waste, garbage, or trash, which when added to water degrades or alters its quality, or which forms part of the process of degrading or altering the quality of such water to the extent that makes it hazardous for use by humans or any animals, fish, or plants beneficial to humans, provided that such discharges not originating from industrial or commercial sources are not considered pollutants unless the minister issues systems by virtue of the law that stipulate otherwise.

3. Any water containing a substance in a certain quantity or concentration or treated, manufactured, or altered from its natural state, either by heat or by any other means, such that if added to any water it would lead to the degradation or alteration of the quality of that water, or forms part of the process of degrading or altering the quality of that water to the extent that makes it hazardous for use by humans or any animals, fish, or plants beneficial to humans.

4. Any substance that the minister classifies as a pollutant in accordance with any systems issued by virtue of this law.

Pollution control officer:
Means any person or persons designated by the Minister of Transport and Public Services to carry out certain duties relating to the enforcement of this law and any systems issued by virtue of it.

Pollutant reception facilities:
Means those facilities for which the minister issues an authorisation to build and maintain for the purposes of receiving discharge and the sedimentation of any ballast water or any pollutant.

Pollution-free zone:
Means the body of water encompassing the territorial sea of the Sultanate and those waters extending for a distance of 38 nautical miles seaward measured from the outer limits of the territorial sea of the Sultanate; provided, however, that the outer limits of the pollution-free zone do not extend beyond those limits agreed upon with the states whose coasts lie opposite or adjacent to the coast of the Sultanate, or in the absence of such agreement, that those outer limits do not extend beyond the median line the points of which are equidistant from the nearest points on the baselines from which the breadth of the territorial sea of the Sultanate and the territorial sea of those states are measured.

Vessel:
Means any ship or boat used in sea operations, including floating vessels for carriage of goods, whether self-propelled or towed.

Chapter Two
Application of the Law

Article 2.1

(a) No person is permitted to discharge a pollutant into the pollution-free zone from a vessel, offshore site, or oil transport systems, and any such discharge, or in the case of a continuous discharge, is considered a separate violation each day the prohibited discharge continues.

(b) Any person who violates the provisions of this article is liable, upon conviction, to pay a fine not exceeding 5,000 Rial Omani for each violation. The amount of the fine imposed in accordance with this article must be determined based on the degree of culpability of the offender and other considerations.

Article 2.2

(a) No vessel is permitted to discharge a pollutant into the pollution-free zone, and any discharge, or in the case of continuous discharge, is considered a separate violation each day of the prohibited discharge.

(b) Any vessel that violates the provisions of this article is liable, upon conviction, to pay a fine not exceeding a total amount of 0.05 Rial Omani for each ton of the tonnage of the vessel, provided that this fine must not exceed, in any case, 25,000 Rial Omani for each violation. Each of the owners of the vessel, as defined in this law, is liable to pay any fine of this type imposed on the vessel in accordance with this article, jointly and severally.

Article 2.3

(a) No vessel owner or any owner or occupier of an offshore site or oil transport systems is permitted to fail to comply with his obligations, and shall carry them out pursuant to the following:

1. Chapter six of this law that relates to the payment of costs and damages resulting from a prohibited discharge of a pollutant.

2. Chapter four of this law that relates to reporting, logging, and insurance conditions.

3. Any systems issued by virtue of this law.

(b) Any person who violates the provisions of this article is liable, upon conviction, to pay a fine not exceeding 2,000 Rial Omani. The amount of the fine imposed in accordance with this article must be determined based on the degree of culpability of the offender and other considerations.

Article 2.4

(a) No vessel registered in the Sultanate is permitted to discharge a pollutant into any water located outside the pollution-free zone, and any such discharge, or in the case of continuous discharge, is considered a separate violation each day the prohibited discharge continues.

Article 2.5

If the master of a vessel violates article 2.1(a) or article 2.3(a) of this law, or if any vessel or vessels, for which he is the master of, violates article 2.2(a) or article 2.4(a) of this law, or if any combination of these violations occurs more than three times, this master, upon conviction, is liable to pay a fine no less than 3,000 Rial Omani or to imprisonment for a period not exceeding six months, or to both punishments in addition to the punishments imposed on him under articles 2.1(b) and 2.3(b) of this law.

Article 2.6

It is presumed that the master of the vessel or any other person on board who appears to be in charge of the vessel is the perpetrator of the pollutant discharge offence, whether his identity has been verified or is verifiable, and such discharge is considered an act attributed to the vessel, for the purposes of prosecuting the vessel for violating article 2.2(a) and article 2.4(a) of this law.

Article 2.7

A written notice must be delivered to the person to whom the fine will be imposed by hand, or sent to him by post if it is not possible to deliver it by hand. This notice must indicate that article 2.1(a), article 2.3(a), or article 2.5 of this law has been violated, as the case may be, and that a fine of a specified amount has been imposed.

Article 2.8

A written notice indicating that a violation of article 2.2(a) or article 2.4(a) of this law has been committed, as the case maybe, and that a fine of a specified value has been imposed on a vessel must be delivered to the master of that vessel by hand, or affixed or placed on a conspicuous part of the vessel. Unless this fine is paid or a guarantee to pay it is delivered to the minister or his representative within twenty-four hours from the delivery or placement of that written notice, a pollution control officer may seize the vessel in accordance with article 5.8 of this law.

Article 2.9

If any vessel owner or any owner or occupier of an offshore site or oil transport systems violates the provisions of this law and any systems issued by virtue of it, such owner or occupier is liable, based on the recommendation of the minister following the third offence, to lose either temporarily or permanently any or all of the rights granted to that owner or occupier in accordance with any permit, registration, or authorisation by the Government of the Sultanate or any agreement with it, provided that the recommendation is approved by the government ministry, directorate, or agency that issued this permit or authorisation or that maintains such registration, or which is a party to or is responsible for such agreement. This is in addition to any punishment imposed in accordance with article 2.1(b) and article 2.3(b) of this law, as well as any civil legal liability resulting from the provisions of chapter six of this law.

Article 2.10

Any person or vessel has the right, in the event that a decision is issued in accordance with article 5.1 of this law providing for the occurrence of a violation of any of the provisions of this chapter two or imposing any punishment on the person or vessel in accordance with this chapter two, to appeal this decision to the Maritime Disputes Settlement Committee on the forty-fifth day following the delivery of a notice of that violation or those punishments to the person or vessel by hand or sending it by post, or prior to that day. In the event that the committee confirms the decision, the person or vessel has a final right of recourse to the Council of Ministers. The decision of the Council of Ministers is considered final.

Article 2.11

If a decision is issued, in accordance with article 5.1 of this law, to impose a penalty for violating one or more of articles 2.1(a), 2.3(a), or 2.5 of this law, then this fine must be paid on the forty-fifth day after the delivery of a notice of this fine to the person to whom it is imposed by hand or sending it to him by post, or prior to that day, unless the decision is appealed before this date in accordance with article 2.10 of this law. If the decision to impose the punishment is confirmed in whole or in part in such an appeal, then the value of the confirmed fine must be paid to the minister or his representative on the seventh day after the decision becomes final as a result of the appeal, or prior to that day.

Chapter Three
Special Defences

Article 3.1

When a person or a vessel is charged with committing an offence under article 2.1(a), article 2.2(a), or article 2.4(a) of this law, respectively, then proving that the pollutant in question has been discharged in the interest of the following is considered a defence:

(a) Saving lives, or

(b) Ensuring the safety of any vessel, or

Provided, however, that the defence under this article is not admissible if the minister is satisfied that the discharge of the pollutant was not necessary for the alleged purpose of the defence or was not a reasonable step in light of the circumstances of the incident.

Article 3.2

When a person or a vessel is charged with committing an offence under article 2.1(a), article 2.2(a), and article 2.4(a) of this law, respectively, then proving that the pollutant has been discharged in the following manner is also considered a defence:

(a) As a direct result of accidental damage to the vessel, offshore site, or oil transport systems, as the case may be, when the incident did not occur as a result of the negligence of the person raising the defence, or

(b) As a result of a leak that did not occur due to the negligence of the person raising the defence.

Provided that all reasonable measures have been taken, as soon as possible after the occurrence of the damage or the discovery of the leak, to prevent, stop, or reduce the discharge of the pollutant (if it is not possible to prevent its occurrence), and that the facts of the incident were immediately reported to the minister in accordance with articles 4.4 and 4.5 of this law.

Article 3.3

When an occupant or owner of an offshore site or oil transport systems is charged with committing an offence under article 2.1(a) of this law, then proving that the discharge occurred as a result of an act carried out by a person who was present in that place without obtaining (express or implied) permission from the owner or the occupant, as the case may be, is considered a defence.

Article 3.4

When the discharge of a pollutant occurs or is exacerbated as a direct result of measures taken by a pollution control officer or based on his instructions, in accordance with article 5.7 of this law, in order to prevent, reduce, or stop the pollution, then no charge of committing an offence under article 2.1(a), article 2.2(a), article 2.4(a), or article 2.5 of this law will be brought in relation to this discharge or its exacerbation, as the case may be.

Article 3.5

When the discharge of a pollutant occurs in a pollutant reception facility or any other place chosen by the minister to receive any ballast water or any pollutant, at those times determined by the minister and in the manner he deems fit, then this discharge will not constitute an offence under article 2.1(a), article 2.2(a), article 2.4(a), and article 2.5 of this law.

Chapter Four
Logging, Reporting, and Insurance Conditions

Article 4.1

Every vessel registered in the Sultanate shall maintain an oil record in which the owner, the master, or any other person responsible for the vessel shall log the name, number, and capacity of the cargo and fuel tanks in the vessel. In addition, such person shall log in the oil record the date, hour, and specific geographical location of the vessel at the time of conducting each of the following operations:

(a) Carrying out oil cargo loading, delivery, or other transport operations with an indication of the specific type of oil in question, or

(b) Providing ballast water to the oil and fuel cargo tanks as well as discharging the ballast water from these oil tanks and washing them with an indication of the specific type of oil that the ship is transporting or using, as the case may be, both before providing the ballast water and after discharging it, or

(d) Discharging oil or oily mixtures from the vessel in order to ensure the safety of the vessel, prevent damage to any vessel or cargo, or save lives with an indication of the specific type of oil in question, or

(e) Discharging oil or oily mixtures from the vessel as a result of a collision or accident with an indication of the specific type of oil in question.

Article 4.2

Every vessel not registered in the Sultanate shall maintain an oil record if it receives or delivers oil from or to a port facility or from or to oil transport systems within the territorial waters of the Sultanate. The owner of the vessel, its master, or any other person responsible for it shall log in this record the name, number, and capacity of the cargo and fuel tanks in the vessel. In addition, such person shall log in the record the date, hour, and specific geographical location of the vessel at the time of conducting each of the operations described in paragraphs 4.1(a) to (e) of this law, if it is conducted while the vessel is within the pollution-free zone.

Article 4.3

Any owner, master, or other person responsible for a vessel and who has a duty to maintain an oil record in accordance with article 4.1 or article 4.2 of this law shall submit this record for inspection, at the request of the minister or a pollution control officer, either while the vessel is in a port of the Sultanate or within the territorial waters of Oman.

Article 4.4

Any owner, master, or other person responsible for any vessel sailing in the waters of the pollution-free zone shall immediately report to the minister the occurrence of any of the operations described in article 4.1 of this law, if it occurs while the vessel is sailing in the aforementioned zone. These reports must be communicated as soon as possible after the occurrence of the operation or in the manner set by the minister through issuing systems.

Article 4.5

Any owner or occupier of an offshore site or oil transport systems located within the territorial waters of Oman from which a pollutant is discharged into the pollution-free zone shall immediately report to the minister the occurrence of any such discharge.

Such reports must include the type of pollutant and the time, date, and specific geographical location of the occurrence of the discharge incident. It must also be communicated as soon as possible after the occurrence of the incident.

Article 4.6

The owner of any vessel registered in Oman carrying large quantities of a pollutant or any non-Omani vessel carrying large quantities of a pollutant from or to any Omani port shall submit to the minister, in accordance with any systems that the minister may issue, a financial liability certificate in the form of insurance, an indemnity bond, or any other financial liability certificate acceptable to the minister. The value of this liability must be equal to the lesser of the following two amounts:

1. A total amount of ten Rial Omani for each ton of the tonnage of the vessel, or

2. 4,000,000 Rial Omani. This certificate must be submitted upon the entry of the vessel into the pollution-free zone or before that time; or in the case of a vessel that receives and transports oil on a regular basis from or to a port facility or from or to oil transport systems within the territorial waters of the Sultanate when the vessel first enters the pollution-free zone or before that time, and then on the first day of January of each year in which the vessel is subject to the provisions of this article or before that date.

Such insurance, indemnity bond, or any other pledge of financial liability must remain in force under the conditions it contains as presented to the minister. Any changes or amendments to it must be logged in the records of the minister as soon as possible.

Chapter Five
Management and Enforcement

Article 5.1

The pollution control officer or any other person designated by the minister for this purpose shall examine and review the facts relating to any alleged violation of this law. Such person or persons shall decide, after completing this examination and review:

1. If a violation of this law has been committed and the punishments to be imposed for that violation, or

2. If civil legal liability arises under chapter six of this law as a result of the occurrence of a discharge from a vessel, offshore site, or oil transport systems, as the case may be.

Article 5.2

The minister may, either independently or in conjunction with other ministries, directorates, or agencies of the government of the Sultanate concerned with the matter, take one or both of the following measures:

(a) Building and maintaining pollutant reception facilities on land or within the territorial waters of the Sultanate, or

(b) Issuing systems that require vessels using ports within the Sultanate or sailing through the pollution-free zone to discharge or sediment in such pollutant reception facilities any ballast or any pollutant.

Article 5.3

The minister may, either independently or in conjunction with other ministries, directorates, or agencies of the Government of the Sultanate concerned with the matter, issue systems identifying the type of equipment that must be fitted in vessels registered in Oman and all or some types of non-Omani vessels that use Omani ports or sail through the pollution-free zone, to reduce the risk of pollution to a minimum.

Article 5.4

The minister shall authorise, in accordance with the restrictions provided in this article and the systems that may be issued by virtue of this law, one or more pollution control officers to enforce the prohibition on transporting oil or other pollutants to or from vessels in Omani territorial waters between six o’clock in the evening and six o’clock in the morning where these transport operations are not authorised by the Director General of Oil and Mineral Materials. However, the minister may lift the prohibition provided in this article based on receipt by him or by one of the pollution control officers reasonable notice from persons wishing to carry out oil transport operations during night-time.

Article 5.5

Every pollution control officer, in order to take the emergency measures necessary to prevent pollution or investigate compliance with a provision of this law or any systems issued by virtue of it, has the authority to board a vessel or oil transport system in the pollution-free zone, enter an offshore site in the Sultanate to inspect equipment or records, or to compel a person to answer questions relating to compliance with this law or the enforcement of emergency procedures in accordance with article 5.7 of this law in relation to removing any pollutant from the pollution-free zone.

Article 5.6

Every pollution control officer has the authority to arrest without a warrant any person who has committed an offence punishable by imprisonment in accordance with this law or any systems issued by virtue of it, and to detain that person in custody in order for his case to be decided in accordance with the law.

Article 5.7

The minister may, in the event of an accident to a vessel or on it, to an offshore site or within it, to an oil transport system or within it, which results in or can result in the pollution of the pollution-free zone on a large scale, authorise one or more pollution control officers, for the purposes of limiting the pollution or its threat or stopping or reducing it, with the command of the owner, master, occupant, or person in charge of the vessel, offshore site, or oil transport systems, as the case may be, to take certain special measures or refrain from taking them, or in the event of failure of these measures, to take all necessary independent procedures, including, but not limited to, sinking or destroying the vessel or destroying the offshore site or oil transport systems, as the case may be.

Article 5.8

The minister or any pollution control officer authorised by the minister has the authority to impound or seize any vessel within the pollution-free zone in the name of the Government of the Sultanate:

(a) When the vessel violates article 2.2(a) or article 2.4(a) of this law, and the value of the fine imposed in accordance with paragraph (b) of each of these two articles or the payment guarantee of this fine to the minister in accordance with the terms of article 2.8 of this law are not fulfilled, or

(b) When an accident occurs to a vessel or on it, which may result in the pollution of the pollution-free zone on a large scale, and the minister or a pollution control officer issues instructions to the vessel in accordance with article 5.7 of this law and they are not immediately implemented, or

(c) When the owner, master, or person in charge of the vessel to be seized violates article 2.1(a), article 2.3(a), or article 2.5 of this law, and the value of the fine imposed in accordance with article 2.1(b), article 2.3(b), or article 2.5 of this law or the payment guarantee of this fine to the minister in accordance with the terms of article 2.11 of this law are not fulfilled, or

(d) When the owner, master, or person in charge of the vessel to be seized has civil liability in accordance with article 6.1 of this law, and the value of the amount due or the payment guarantee of the said amount is not fulfilled to the minister in accordance with the terms of article 6.3 of this law, or

(e) When the minister considers it necessary to believe that the fines that may be imposed or that have been imposed in accordance with chapter two of this law will not be paid if they are imposed or will be paid by virtue of the provisions of this law.

Article 5.9

The minister or any pollution control officer authorised by the minister may, in the event of the seizure or impounding of a vessel in accordance with article 5.8 of this law, order the return of the vessel to the person or persons from whom the vessel was seized if the amounts due from such person or persons are fulfilled or the payment of the said amounts is guaranteed to the minister.

Article 5.10

The minister may, in the event of the seizure or impounding of a vessel in accordance with article 5.8 of this law and the non-payment of any fines due or any obligation due under this law within thirty days from the date of the seizure, recover these amounts, in addition to the costs from the proceeds of the sale of the vessel and its cargo, in a public auction held in accordance with this article at least after ten days have elapsed from the publication of a notice to hold this public auction in the Official Gazette or from any guarantee provided in accordance with this law. As for seized property not sold by public auction and any surplus amounts from any sales, they must be returned or paid, as the case may be, to the person or persons from whom the property was seized.

Article 5.11

The minister may claim any funds due as a result of the following:

1. A fine imposed under article 2.1(b), article 2.2(b), article 2.3(b), article 2.4(b), or article 2.5 of this law, or

2. Civil legal liability imposed in accordance with article 6.1 of this law. If such a claim is fulfilled in accordance with the procedures specified in this law, the minister may file a financial lawsuit in the appropriate court either in the Sultanate or in any other judicial authority to recover all due funds. The minister may file such a lawsuit on behalf of the Sultanate, any person harmed by pollution, or both. The minister shall, in the event that he files a lawsuit on behalf of a harmed person or a class of harmed persons, keep any proceeds recovered in the form of a fund for the benefit of the harmed person or harmed persons and distribute these funds to such harmed person or persons.

Article 5.12

The minister shall immediately transfer the funds collected in accordance with article 5.11 of this law to the Finance Directorate of the Government of the Sultanate, with the exception of the amounts kept for the benefit of the harmed person or persons.

Article 5.13

The minister may designate the necessary number of pollution control officers and other persons to enforce the provisions of this law and any systems issued by virtue of it.

Article 5.14

The minister may issue systems that exempt any vessel, any class of vessels, any person, or any class of persons from any of the provisions of this law or any of the systems issued by virtue of it by an absolute exemption or one that is subject to the conditions decided by the minister, provided that the minister identifies the grounds or reason for this exemption and why this exemption is considered to be in the interest of the Sultanate.

Article 5.15

The minister may, if We authorise him to do so, represent the Government of the Sultanate in negotiations with any other government or international organisation in relation to any agreement or treaty that can help the minister achieve the general objectives of this law to control pollution, provided that this agreement or treaty is not acceded to or ratified without Our express written consent.

Article 5.16

The minister shall issue the supplementary laws and provisions necessary to implement the policies, purposes, and requirements of this law.

Article 5.17

The provisions issued by the minister and the amendments and repeals made to them become effective on the thirtieth day after their publication in the Official Gazette, unless:

(a) We promulgate a decree setting forth that those proposed systems, amendments, or repeals will become effective on another date, and this other date must be published in the Official Gazette, or

(b) We amend those proposed systems, amendments, or repeals, in which case the systems, amendments, and repeals, in their amended form, must be published in the Official Gazette and become effective on the said thirtieth day or such other day as We may determine, or

(c) We invalidate those proposed systems, amendments, or repeals, and such invalidation must be published in the Official Gazette.

Chapter Six
Civil Legal Liability for Costs and Damages

Article 6.1

If it is determined in accordance with article 5.1 of this law that the discharge of a pollutant into the pollution-free zone has been committed by a vessel, offshore site, or oil transport systems, then the owner of that vessel or the owner or occupant of that offshore site or those oil transport systems, as the case may be, is liable in accordance with the limitations provided in articles 6.2 and 6.4 of this law, irrespective of establishing culpability or negligence:

(a) For the costs incurred by the Government of the Sultanate or any other person to limit, stop, reduce, and remove the pollution of the pollution-free zone and to restore the environment of the zone to the condition it was in before the discharge occurred, or

(b) For damages caused to the Government of the Sultanate or any other person as a result of the discharge in addition to the costs referred to in paragraph (a) of this article.

Article 6.2

The total recoverable value in accordance with article 6.1(b) of this law in relation to any discharge of a pollutant into the pollution-free zone, whether it is a single or continuous discharge from a single source or from a vessel, offshore site, or oil transport systems, or the liability imposed on any person or persons in connection with that discharge must not exceed an amount of 4,000,000 Rial Omani. In the case of liability arising from a discharge by a vessel, it must not exceed the lesser of the following two amounts: 4,000,000 Rial Omani or a total value of 10 Rial Omani for each ton of the tonnage of the vessel, despite any other provision of this law.

Article 6.3

A written notice stating that a person is liable for the costs and damages specified under article 6.1 of this law must be delivered by hand to the person concerned or, if this is not possible, sent to him by post or other means reasonably designed to inform the person of that liability. If the value of the amount or amounts specified in the notice, or a payment guarantee providing that the amount or those amounts will be paid, are not fulfilled to the minister within 45 days from the date of delivery of that notice, then the minister may take those appropriate additional measures permitted in accordance with this law, unless the person concerned has accepted this date.

Article 6.4

The occupant of an offshore site is exempt from liability for paying the costs and damages provided in article 6.1 of this law if it is established that the discharge of the pollutant resulted from the act of a person who was present in such place without obtaining the express or implied consent of the occupant.

Article 6.5

Nothing in this law prevents any individual in his personal capacity from claiming compensation from any other person for damages resulting from the discharge of a pollutant.

Article 6.6

If it is determined in accordance with article 6.1 of this law that a person is liable for civil legal liability, then the person or persons adversely affected by this decision have the right to appeal the decision to the Maritime Disputes Settlement Committee. If the committee confirms the decision, the person concerned has a final right of recourse to the Council of Ministers, and the decision of the council is considered final.

Chapter Seven
Applicability of the Law

Article 7.1

The provisions of any decree, law, or system that are inconsistent with any of the provisions of this law are deemed null and void by virtue of this law.

Article 7.2

This decree must be considered immediately applicable upon its issuance and publication in the Official Gazette.

Issued on: 14 Rajab 1394
Corresponding to: 3 August 1974

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 61 issued on 15 August 1974.

Chapter One General Provisions