Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part III · The International Oil Pollution Compensation Fund
21. Extinguishment of claims
Official textFrom Laws of Malaysia Online, unchanged
No action to enforce a claim against the Fund under this Part shall be considered by a Court in Malaysia unless—
the Fund
“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
the action is commenced; or
a third party notice of an action to enforce a claim against the owner of a ship or his guarantor in respect of the pollution damage is given to the Fund, within three years from the date the pollution damage occurred and in this subsection “third party notice” means a notice of the kind described in subsections 23(3) and (4).
No action to enforce a claim against the Fund under this Part shall be considered by a Court in Malaysia unless the action is commenced within six years from the date of the incident which caused the pollution damage.
Court
“Court” means the High Court in Malaya and the High Court in Sabah and Sarawak, as the case may be;
32 Laws of Malaysia ACT 515
(Deleted by Act A1248).
Terms defined in this Act
Court
Defined · s 2“Court” means the High Court in Malaya and the High Court in Sabah and Sarawak, as the case may be;
guarantor
Defined · s 15“guarantor” means any person providing insurance or other financial security to cover an owner’s liability of the kind described in section 11;
incident
Defined · s 2“incident” means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;
pollution damage
Defined · s 2“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;
the Fund
Defined · s 15“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI