Malaysia legislation
Section 2
Section 2
(a)
in relation to a ship that incurs liability under section 3, means the registered owner; or
(b)
in relation to a ship that incurs liability under section 3A, means the registered owner, bareboat charterer, or manager and operator of the ship;
“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;
“pollution damage” means—
(a)
loss or damage caused outside a ship by contamination resulting from the discharge or escape of oil or bunker oil from the ship, wherever such discharge or escape may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs and reasonable measures of reinstatement actually undertaken or to be undertaken; and
(b)
the costs of preventive measures and further loss or damage caused by preventive measures;
“port” means—
(a)
a port or place declared to be a port under the Merchant
Shipping Ordinance 1952 or under any other written law;
10 Laws of Malaysia ACT 515
(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;
“preventive measures” means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage;
“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,
“registered owner” shall mean such company;
“ship”—
(a)
in relation to a liability incurred under section 3, means any seagoing vessel and seaborne craft of any type constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard; or
(b)
in relation to a liability incurred under section 3A, means any seagoing vessel and seaborne craft of any type;
“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” means the territorial waters of Malaysia determined in accordance with the Emergency (Essential Powers) Ordinance, No.
7 of 1969 [P.U. (A) 307A/1969].
Merchant Shipping (Liability and 11
Compensation for Oil and Bunker Oil Pollution)
(2)
In relation to any pollution damage caused by a ship, references in this Act to the owner of the ship are references to the owner at the time of the incident or, if the incident consists of a series of occurrences having the same origin, at the time of the first such occurrence.
(3)
For the purposes of this Act—
(a)
references to any area of Malaysia include the territorial sea of Malaysia and exclusive economic zone of Malaysia and references to any area of any other Liability Convention country or Bunkers Convention country include the territorial sea and the exclusive economic zone of that Liability
Convention country or Bunkers Convention country; and
(b)
references to the exclusive economic zone of a country are references to the exclusive economic zone of that country established in accordance with international law, or, if such a zone has not been established, such area adjacent to the territorial sea of that country determined by that country in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
(4)
For the purposes of this Act, the ship’s tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement regulations contained in annex I of the International
Convention on Tonnage Measurement of Ships signed in London on 23 June1969.