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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part · International Oil Pollution Compensation Fund

22. Interpretation of this Part

(1)

In this Part, unless the context otherwise requires —

“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from a ship;

“Fund” means the International Fund established by the

Fund Convention;

“Fund Convention” means the International Convention on the

Establishment of an International Fund for Compensation for

Oil Pollution Damage, 1992;

“Fund Convention country” means a country in respect of which the Fund Convention is in force;

Merchant Shipping

(Civil Liability and Compensation for Oil Pollution)

24

“incident” means any occurrence, or series of occurrences having the same origin, resulting in a discharge or escape of oil from a ship or in a relevant threat of contamination;

“pollution damage” means —

(a)

damage caused outside a ship by contamination resulting from a discharge or escape of oil from the ship;

(b)

the cost of preventive measures; and

(c)

further damage caused by preventive measures, but does not include any damage attributable to any impairment of the environment, except to the extent that any such damage consists of —

(i)

any loss of profits; or

(ii)

the cost of any reasonable measures of reinstatement actually taken or to be taken;

“preventive measures” means any reasonable measures taken by any person to prevent or minimise pollution damage, being measures taken —

(a)

after an incident has occurred; or

(b)

in the case of an incident consisting of a series of occurrences, after the first of those occurrences.

(2)

If the Minister, by order published in the Gazette, declares that any State specified in the order is a party to the Fund Convention in respect of any country so specified, the order shall, while in force, be conclusive evidence that that State is a party to that Convention in respect of that country.

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