Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part II · Civil Liability for Oil and Bunker Oil Pollution
11A. Compulsory insurance against liability for bunker oil pollution
Official textFrom Laws of Malaysia Online, unchanged
Subject to the provisions of this Act relating to Government ships, this section shall apply to any ship having a gross tonnage greater than 1,000 tonnes.
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 Bunkers Convention
port
“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;
(cover for owner’s liability).
The certificate shall be—
if the ship is registered in Malaysia, a certificate issued by the Director of Marine;
if the ship is registered in a Bunkers Convention country other than Malaysia, a certificate issued by or under the authority of the government of that country; and
if the ship is registered in a country which is not a Bunkers
Convention country, a certificate issued by the Director of
Marine or a certificate issued by or under the authority of any
Bunkers Convention country.
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.
Director of Marine
“Director of Marine” means the Director of Marine appointed under subsection 8(1) of the Merchant Shipping Ordinance 1952;
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.
master
“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)
22 Laws of Malaysia ACT 515
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.
terminal installation
“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;
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.
If a ship attempts to leave a port or a terminal installation in
Malaysia in contravention of this section, the ship may be detained.
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;
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;
Bunkers Convention
Defined · s 2“Bunkers Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 signed in London on 23 March 2001;
Bunkers Convention country
Defined · s 2“Bunkers Convention country” means a country in respect of which the Bunkers Convention is in force;
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;
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)
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;
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;
territorial sea
Defined · s 2“territorial sea” means the territorial waters of Malaysia determined in accordance with the Emergency (Essential Powers) Ordinance…
Part III
The International Oil Pollution Compensation Fund
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI