Malaysia legislation

Section 17

of *MERCHANT SHIPPING (OIL POLLUTION) ACT 1994

Section 17

(2)

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.

(3)

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.

(4)

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.

(5)

The contributions payable by a person for any year shall—

(a)

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;

(b)

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.

(6)

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—

(a)

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)

(b)

may impose penalties for contravention of the regulations punishable by a fine not exceeding ten thousand ringgit.

(7)

In this section, and section 18 and 19 unless the context otherwise requires—

“oil” means crude oil and fuel oil, and—

(a)

“crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and includes—

(i)

crude oils from which distillate fractions have been removed; and

(ii)

crude oils to which distillate fractions have been added;

(b)

“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.

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