Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part II · Civil Liability for Oil and Bunker Oil Pollution
5A. Restriction of liability for bunker oil pollution damage under section 3A
Official textFrom Laws of Malaysia Online, unchanged
Where an incident occurs and pollution damage results from the incident, whether or not the owner of the ship incurs a liability under section 3A, the owner of the ship shall not be liable for such pollution damage otherwise than under that section.
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;
The liability for pollution damage shall not apply to—
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;
any servant or agent of the owner of the ship or any member of the crew;
the pilot or any other person who, not being a member of the crew, performs services for the ship;
Merchant Shipping (Liability and 15
Compensation for Oil and Bunker Oil Pollution)
any charterer, howsoever described, but not including a bareboat charterer;
any person performing salvage operations with the consent of the owner of the ship or on the instructions of a competent public authority;
any person taking preventive measures;
all servants or agents of the persons mentioned in paragraphs
, (d) and (e), unless the pollution damage resulted from their own act or omission, committed with the intent to cause such damage, or recklessly and with the knowledge that such damage would probably result.
Limitation of liability under section 3
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;
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;
preventive measures
Defined · s 2“preventive measures” means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage;
Part III
The International Oil Pollution Compensation Fund
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI