Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part II · Civil Liability for Oil and Bunker Oil Pollution
6A. Limitation of liability under section 3A
Official textFrom Laws of Malaysia Online, unchanged
Where the owner of a ship incurs a liability under section 3A in respect of any one incident, the provision relating to the limitation of liability of the owner of the ship in certain cases of loss or damage under any other written law relating to merchant shipping shall not apply to that liability.
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 owner of a ship who incurs a liability under section 3A may limit his liability in accordance with the Convention on Limitation of
Liability for Maritime Claims 1976 as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for
Maritime Claims 1976, as set out in the Sixteenth Schedule of the
Merchant Shipping Ordinance 1952.
If it is proved that the pollution damage resulted from an act or omission of the owner of the ship, committed with the intent to cause such damage, or recklessly and with the knowledge that such damage would probably result, he shall not be entitled to limit his liability under subsection (2).
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;
Terms defined in s 2
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;
Part III
The International Oil Pollution Compensation Fund
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI