Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part III · The International Oil Pollution Compensation Fund
17. Contributions by persons who receive oil
Official textFrom Laws of Malaysia Online, unchanged
Contributions shall be payable annually to the Fund in respect of oil received by sea at ports or terminal installations in Malaysia.
the Fund
“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
Subsection (1) applies whether or not the oil is being imported, and applies even if contributions are payable in respect of carriage of the same oil on a previous voyage.
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;
Contributions shall also be payable to the Fund in respect of oil when first received in any installation in Malaysia after having been carried by sea and discharged in a port or terminal installation in any country which is not a Fund Convention country.
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;
A person shall be liable to make contributions in respect of the oil received by him in any year if the oil so received in the year exceeds one hundred and fifty thousand tons.
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 contributions payable by a person for any year shall—
be of such amount as may be determined by the Assembly of the Fund under Article 12 of the Fund Convention and notified to him by the Fund;
be payable in such instalments, becoming due at such times, as may be so notified to him, and if any amount due from him remains unpaid after the date on which it became due, it shall from then on bear interest, at a rate determined from time to time by the said Assembly, until it is paid.
The Minister may, by regulations, impose on persons who are or may be liable to pay contributions under this section, obligations to give security for payment to the Director of Marine or to the Fund, and regulations under this subsection—
Minister
“Minister” means the Minister charged with the responsibility for merchant shipping;
may contain such supplemental or incidental provisions as appear to the Minister expedient; and
Merchant Shipping (Liability and 27
Compensation for Oil and Bunker Oil Pollution)
may impose penalties for contravention of the regulations punishable by a fine not exceeding ten thousand ringgit.
In this section, and section 18 and 19 unless the context otherwise requires—
“oil” means crude oil and fuel oil, and—
“crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and includes—
crude oils from which distillate fractions have been removed; and
crude oils to which distillate fractions have been added;
“fuel oil” means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the
“American Society for Testing and Materials’ Specification for Number Four Fuel Oil (Designation D 396-69)”, or heavier.
Terms defined in this Act
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;
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;
Fund Convention country
Defined · s 15“Fund Convention country” means a country in respect of which the Fund Convention is in force;
Minister
Defined · s 2“Minister” means the Minister charged with the responsibility for merchant shipping;
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;
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;
the Fund
Defined · s 15“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
the Fund Convention
Defined · s 15“the Fund Convention” means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage signed in London on 27 November 1992. Legal personality of the Fund
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI