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Exemption from liability for pollution damage.
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5.—Section 8 of the Principal Act is hereby amended by the addition of the following subsection:
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“(2) Subject to subsection (2) of section 7, the following persons shall not be liable for pollution damage in the State caused by a ship, namely—
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(a) a servant or agent of the owner of the ship or of a person referred to in paragraph (d), (e) or (f),
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(b) a member of the crew of the ship,
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(c) the pilot or any other person, other than a member of the crew of the ship who performs services in relation to the ship,
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(d) any charterer (howsoever described, including a bareboat charterer), manager or operator of the ship,
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(e) any person performing salvage operations in relation to the ship with the consent of the owner of the ship or on the instructions of a harbour authority, or
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(f) any person undertaking measures to prevent or lessen pollution damage,
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unless it results from the personal act or omission of such person and such person intended by his act or omission to cause such damage or was reckless as to whether, and had knowledge that, such damage would probably occur as a result of such act or omission.”.
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