Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act · 2024 Revised Edition · Part 2
7. Limitation actions
Official textFrom Attorney General's Chambers, unchanged
Where the owner of a ship has or is alleged to have incurred a liability under section 3, he may apply to the Court for the limitation of that liability to an amount determined in accordance with section 6.
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;
If on such an application the Court finds that the applicant has incurred such a liability and is entitled to limit it, the Court shall, after determining the limit of liability and directing payment into Court of the amount of that limit —
determine the amounts that would, apart from the limit, be due in respect of the liability to the several persons making claims in the proceedings; and
direct the distribution of the amount paid into Court (or, as the case may be, so much of it as does not exceed the liability) among those persons in proportion to their claims, subject to the provisions of this section.
A payment into Court of the amount of a limit determined under this section shall be made in Brunei Darussalam dollars, and —
for the purpose of converting such an amount from special drawing rights into Brunei Darussalam dollars, one special drawing right shall be treated as equal to such a sum in Brunei Darussalam dollars as the International Monetary Fund has fixed as being the equivalent of one special drawing right for —
the day on which the determination is made; or
if no sum has been so fixed for that day, the last day before that day for which a sum has been so fixed;
a certificate given by or on behalf of the Minister of Finance and Economy stating —
that a particular sum in Brunei Darussalam dollars has been so fixed for the day on which the determination was made; or
that no sum has been so fixed for that day and that a particular sum in Brunei Darussalam dollars has been so
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
fixed for a day which is the last day for which a sum has been so fixed before the day on which the determination was made, shall be conclusive evidence of those matters for the purposes of this Part;
and
a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
No claim shall be admitted in proceedings under this section unless it is made within such time as the Court may direct or such further time as the Court may allow.
Where any sum has been paid in or towards satisfaction of any claim in respect of the damage or cost to which the liability extends —
by the owner or the persons referred to in section 14 as
“the insurer”; or
by a person who has or is alleged to have incurred a liability, otherwise than under section 3, for the damage or cost and who is entitled to limit his liability in connection with the ship by virtue of section 141 of the Merchant Shipping Order, 2002 (S 27/2002), the person who paid the sum shall, to the extent of that sum, be in the same position with respect to any distribution made in proceedings under this section as the person to whom it was paid would have been.
Where the person who incurred the liability has voluntarily made any reasonable sacrifice or taken any other reasonable measures to prevent or reduce damage to which the liability extends or might have extended, he shall be in the same position with respect to any distribution made in proceedings under this section as if he had a claim in respect of the liability equal to the cost of the sacrifice or other measures.
The Court may, if it thinks fit, postpone the distribution of such part of the amount to be distributed as it considers appropriate having regard to any claims that may later be established before a court of any country outside Brunei Darussalam.
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
oil
“oil” 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 ship;
No lien or other right in respect of any ship or other property shall affect the proportions in which any amount is distributed in accordance with subsection (2)(b).
Terms defined in this Act
oil
Defined · s 2“oil” 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 ship;
owner
Defined · s 2“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
International Oil Pollution Compensation Fund
Part