MERCHANT SHIPPING (OIL POLLUTION) (AMENDMENT) ACT 2011

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of long title

All references to the Merchant Shipping (Oil Pollution) Act 1994 in any proceedings, whether civil or criminal, or any cause of action commenced, pending or existing before the coming into operation of this Act, shall, on the coming into operation of this Act, continue to apply and not be affected as if it had not been amended by this Act.

Amendment of section 2

in subsection (1)—

by substituting for the definition of "ship" the following definition:

“ship”—

in relation to a liability incurred under section 3, means any seagoing vessel and seaborne craft of any type constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard; or

in relation to a liability incurred under section 3A, means any seagoing vessel and seaborne craft of any type;';

by inserting after the words "escape of oil" the words "or bunker oil"; and

by inserting after the semicolon appearing at the end of the paragraph the word "and";

by inserting after the definition of "Bunkers Convention" the following definition:

"Bunkers Convention country" means a country in respect of which the Bunkers Convention is in force;';

in relation to a ship that incurs liability under section 3, means the registered owner; or

in relation to a ship that incurs liability under section 3A, means the registered owner, bareboat charterer, or manager and operator of the ship;'; and

in subsection (2) in the English language text, by substituting for the words "resulting from the discharge or escape of any oil from" the words "caused by"; and

in paragraph (3)(a), by inserting after the words "Liability Convention country" wherever appearing the words "or Bunkers Convention country".

Amendment of heading to Part II

in the shoulder note, by inserting after the words "section 3" the words "or $ 3 \mathrm{~A} $";

in subsection (1)—

by inserting after the word "oil" the words "or bunker oil"; and

in subsection 2, by inserting after the word "oil" the words "or bunker oil".

Amendment of section 5

under section 3, he may apply to the Court for the limitation of that liability to an amount determined in accordance with section 6; or

under section 3A, he may apply to the Court for the limitation of that liability to an amount determined in accordance with section 6A.".

Substitution of section 8

by inserting after the words "under section 3" the words "or 3A";

by substituting for the words "another Liability Convention country" the words "another Liability Convention country or Bunkers Convention country, respectively"; and

by substituting for the words "sections 3 and 7" the words "sections 3 or $ 3{\mathrm{A}} $ , and 7".

Amendment of section 10

by inserting after subsection (1) the following subsection:

"（1A）Subject to subsection (2), if the Director of Marine is satisfied, on an application for such certificate as is mentioned in section 11A in respect of a ship registered in Malaysia or any country which is not a Bunkers Convention country, that there will be in force in respect of the ship, throughout the period for which the certificate is to be issued, a valid contract of insurance or other financial security satisfying the requirements of Article 7 of the Bunkers Convention, the Director of Marine shall issue such certificate to the registered owner."; and

in subsection (2), by inserting after the words "section 3" the words "or $ 3{\mathrm{A}} $".

Amendment of section 13

in subsection (1)一

by inserting after the words "section 3" the words "or $ 3 \mathrm{~A} $"; and

in subsection (3)—

by inserting after the words "subsection 6(2)" the words "or $ 6{\mathrm{A}}(2) $ , as the case may be,"; and

by substituting for subsection (2) the following subsection:

“(2) In relation to a ship owned by a State and for the time being used for commercial purposes—

it shall be sufficient compliance with subsection 11(2) if there is in force a certificate issued by the appropriate authority of that State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article 1 of the Liability Convention will be met up to the limit prescribed by Article V of that Convention; or

it shall be sufficient compliance with subsection 11A(2) if there is in force a certificate issued by the appropriate authority of that State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article 1 of the Bunkers Convention will be met up to the limits set out in Chapter II of the Convention on Limitation of Liability for Maritime Claims 1976 as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976, and as set out in the Sixteenth Schedule of the Merchant Shipping Ordinance 1952."; and

in subsection (3)—

by inserting after the words "Liability Convention" the words "or Bunkers Convention"; and

by inserting after the word "oil" the words "or bunker oil"; and

in paragraphs (a) and (b), by inserting after the words "Liability Convention country" wherever appearing the words "or Bunkers Convention country".

Amendment of section 24

in paragraph (a), by deleting the word "or";

in paragraph (b), by substituting for the comma appearing at the end of the paragraph the words "; or"; and

by inserting after paragraph (b) the following paragraph:

"（c）a Bunkers Convention country to enforce a claim in respect of a liability incurred under any provision corresponding to section 3A,".

Amendment of section 26

in the shoulder note, by substituting for the words " , detention and prosecution" the words "and detention"; and

by deleting subsection (3).

New section 28A

in paragraph (a), by deleting the words "under subsection 12(1)";

in paragraph (b), by deleting the words "under subsection 12(1)"; and

in paragraph (c), by deleting the words "under subsection 12(1)".

Amendment of Second Schedule