Malaysia legislation

Section 10

of MERCHANT SHIPPING (OIL POLLUTION) (AMENDMENT) ACT 2011

Section 10

New section 5A

The principal Act is amended by inserting after section 5 the following section:

Quoted provision

Section 5A

(2)

The liability for pollution damage shall not apply to—

(a)

any servant or agent of the owner of the ship or any member of the crew;

(b)

the pilot or any other person who, not being a member of the crew, performs services for the ship;

(c)

any charterer, howsoever described, but not including a bareboat charterer;

(d)

any person performing salvage operations with the consent of the owner of the ship or on the instructions of a competent public authority;

(e)

any person taking preventive measures;

(f)

all servants or agents of the persons mentioned in paragraphs (c), (d) and (e), unless the pollution damage resulted from their own act or omission, committed with the intent to cause such damage, or recklessly and with the knowledge that such damage would probably result.".

New section 6A