Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act · 2024 Revised Edition · Part · International Oil Pollution Compensation Fund
Official textFrom Attorney General's Chambers, unchanged
No action to enforce a claim against the Fund under this Part shall be entertained by a court in Brunei Darussalam unless —
the action is commenced; or
a third party notice of an action to enforce a claim against the owner or his insurer in respect of the same damage is given to the
Fund, not later than 3 years after the claim against the Fund arose.
In subsection (1), “third party notice” means a notice of the kind described in section 28(2) and (3).
No action to enforce a claim against the Fund under this Part shall be entertained by a court in Brunei Darussalam unless the action is commenced not later than 6 years after the occurrence, or first of the occurrences, resulting in the discharge or escape, or in the relevant threat of contamination, as the case may be, by reason of which the claim against the
Fund arose.
discharge or escape
“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from a ship;
owner
“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
Part