Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part II · Civil Liability for Oil and Bunker Oil Pollution
12. Issue of certificate by Director of Marine
Official textFrom Laws of Malaysia Online, unchanged
Subject to subsection (2), if the Director of Marine is satisfied, on an application for such a certificate as is mentioned in section 11
Director of Marine
“Director of Marine” means the Director of Marine appointed under subsection 8(1) of the Merchant Shipping Ordinance 1952;
in respect of a ship registered in Malaysia or any country which is not a Liability 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 Liability Convention, the Director of Marine shall issue such a certificate to the owner.
Liability Convention country
“Liability Convention country” means a country in respect of which the Liability Convention is in force;
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.
Bunkers Convention country
“Bunkers Convention country” means a country in respect of which the Bunkers Convention is in force;
Merchant Shipping (Liability and 23
Compensation for Oil and Bunker Oil Pollution)
oil
“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;
If the Director of Marine is of the opinion that there is a doubt whether the person providing the insurance or other financial security will be able to meet his obligations, or whether the insurance or other financial security will cover the owner’s liability under section 3 or 3A in all circumstances, he may refuse to issue the certificate.
person
“person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions;
The Director of Marine shall maintain a record of any certificate issued by him in respect of a ship registered in
Malaysia and this shall be available for public inspection.
Terms defined in 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;
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;
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;
Liability Convention country
Defined · s 2“Liability Convention country” means a country in respect of which the Liability Convention is in force;
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;
person
Defined · s 2“person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions;
registered owner
Defined · s 2“registered owner” means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that in relation to a ship owned by a State and operated by a company which in that State is registered as the ship’s operator,
Part III
The International Oil Pollution Compensation Fund
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI