Oil Pollution of the Sea (Amendment) Act, 1977

Right to recover compensation from Minister.

3.—(1) Any person who establishes that any action taken pursuant to section 2 of this Act, or in pursuance of a direction given pursuant to section 2 of this Act—

(a) was not reasonably necessary to prevent, or to reduce, oil pollution or the risk of such pollution, or

(b) was such that the damage it prevented, or was likely to prevent was disproportionately less than any expense incurred or damage suffered as a result of the action,

shall be entitled to recover compensation in a court of competent jurisdiction from the Minister in respect of any loss or damage suffered or unnecessary expense incurred by such person as a result of the action so taken.

(2) In considering whether a person is entitled to recover compensation from the Minister pursuant to subsection (1) of this section, account shall be taken of—

(a) the extent and risk of oil pollution if no action had been taken pursuant to section 2 of this Act,

(b) the extent and risk of major damage to the coastline of the State,

(c) the likelihood of the action being effective, and

(d) the extent of the damage which had been caused by the action.