Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part II · Civil Liability for Oil and Bunker Oil Pollution
3A. Liability for bunker oil pollution
Official textFrom Laws of Malaysia Online, unchanged
The owner of a ship at the time of an incident, or where the incident consists of a series of occurrences having the same origin, at the time of the first occurrence, shall, except as otherwise provided for by this Act, be liable for any pollution damage caused by the ship as a result of the incident in any area of Malaysia.
incident
“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;
Where more than one person is liable in accordance with subsection (1), their liability shall be joint and several.
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;
Further, the owner of the ship shall be liable for any pollution damage caused to any area of any other Bunkers Convention country as a result of any incident specified in subsection (1).
pollution damage
“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;
Where an incident involving two or more ships occurs and pollution damage results from the incident, the owners of all the ships concerned shall, unless exonerated under section 4, be jointly and severally liable for all such pollution damage which is not reasonably separable.
Merchant Shipping (Liability and 13
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;
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 country
Defined · s 2“Bunkers Convention country” means a country in respect of which the Bunkers Convention is in force;
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;
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;
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;
Part III
The International Oil Pollution Compensation Fund
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI