In forceUpdated to 1 Jun 2015Read it in Bahasa Malaysia

Contents

Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part II · Civil Liability for Oil and Bunker Oil Pollution

11. Compulsory insurance against liability for oil pollution

(1)

Subject to the provisions of this Act relating to Government ships, this section shall apply to any ship carrying in bulk a cargo of more than two thousand tons of oil.

(2)

Any such ship shall not enter or leave a port in Malaysia or arrive at or leave a terminal installation area in any area of Malaysia or, if the ship is registered in Malaysia, it shall not enter or leave a port in any other country or a terminal installation in the territorial sea of any other country, unless there is in force a certificate complying with subsection (3) and showing that there is in force in respect of the ship a contract of insurance or other financial security satisfying the requirements of Article 7 of the Liability Convention

(cover for owner’s liability).

20 Laws of Malaysia ACT 515

(3)

The certificate shall be—

(a)

if the ship is registered in Malaysia, a certificate issued by the Director of Marine;

(b)

if the ship is registered in a Liability Convention country other than Malaysia, a certificate issued by or under the authority of the government of that country; and

(c)

if the ship is registered in a country which is not a Liability

Convention country, a certificate issued by the Director of

Marine or a certificate recognized for the purpose of this paragraph by regulations made under this Act.

(4)

The certificate issued under paragraphs (3)(a) and (c) by the

Director of Marine shall be in the national language and shall also include a translation in the English language.

(5)

Any certificate required by this section to be in force in respect of a ship shall be carried in the ship and shall, on demand, be produced by the master to the Director of Marine or any authorized officer.

(6)

If a ship enters or leaves, or attempts to enter or leave, a port or arrives at or leaves or attempts to arrive at or leave, a terminal installation in contravention of subsection (2), the master or the owner of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding four years or to both.

(7)

If a ship fails to carry or the master of a ship fails to produce a certificate as required by subsection (5) the master of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(8)

If a ship attempts to leave a port or a terminal installation in

Malaysia in contravention of this section, the ship may be detained.

Merchant Shipping (Liability and 21

Compensation for Oil and Bunker Oil Pollution)

Terms defined in s 2

authorized officer
Defined · s 2
“authorized officer” means a port officer as defined in section 2 of the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952] or any authorized officer under section 25;
Open s 2
bunker oil
Defined · s 2
“bunker oil” means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil;
Open s 2
Director of Marine
Defined · s 2
“Director of Marine” means the Director of Marine appointed under subsection 8(1) of the Merchant Shipping Ordinance 1952;
Open s 2
Liability Convention
Defined · s 2
“Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage signed in London on 27 November 1992;
Open s 2
Liability Convention country
Defined · s 2
“Liability Convention country” means a country in respect of which the Liability Convention is in force;
Open s 2
master
Defined · s 2
“master” has the same meaning assigned to it under the Merchant Shipping Ordinance 1952; Merchant Shipping (Liability and 9 Compensation for Oil and Bunker Oil Pollution)
Open s 2
oil
Defined · s 2
“oil”, except in Part III, means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship;
Open s 2
port
Defined · s 2
“port” means— (a) a port or place declared to be a port under the Merchant Shipping Ordinance 1952 or under any other written law; (b) a place prescribed as a port under the Merchant Shipping Ordinance 1960 of Sabah [Sabah Ord. 11 of 1960], the Merchant Shipping Ordinance 1960 of Sarawak [Sarawak Ord. 2 of 1960] and regulations made thereunder;
Open s 2
terminal installation
Defined · s 2
“terminal installation” means any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated offshore and linked to any such site;
Open s 2
territorial sea
Defined · s 2
“territorial sea” means the territorial waters of Malaysia determined in accordance with the Emergency (Essential Powers) Ordinance…
Open s 2

Report

Read on from s 11A

Part III

The International Oil Pollution Compensation Fund

Read on from Part III

Part IV

Jurisdiction and Effect of Judgements

Read on from Part IV

Part V

Enforcement

Read on from Part V

Part VI

Miscellaneous

Read on from Part VI