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Amendment of section 21 of Principal Act.
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11.—Section 21 of the Principal Act is hereby amended by—
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(a) the substitution of the following subsection for subsection (1):
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“(1) Subject to subsection (2), where the Fund incurs a liability under this Act in respect of pollution damage in the State, the aggregate amount of compensation payable in respect of any one incident shall—
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(a) in circumstances where compensation has been paid by a person other than the Fund in respect of pollution damage arising out of that incident, not exceed such amount as would cause the combined amount of compensation to exceed 135 million units of account, or
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(b) in circumstances where the pollution damage results from a natural phenomenon of an exceptional, inevitable and irresistible character, not exceed 135 million units of account.”,
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(b) the substitution of the following subsection for subsection (2):
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“(2) Where an incident occurs during a period when there are not less than 3 parties to the Liability Convention and the combined relevant quantity of crude oil and fuel oil imported into the territories of any 3 of those parties during the year preceding the year in which the incident concerned occurs, amounts to not less than 600 million tons, subsection (1) shall have effect as if references therein to 135 million units of account were references to 200 million units of account.”,
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and
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(c) the substitution of the following subsection for subsection (3):
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“(3) In this section—
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‘the aggregate amount of compensation’ means, in relation to an incident, the maximum amount of compensation payable by the Fund, in respect of pollution damage arising out of the incident, by virtue of the application of any one or more of the following:
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(a) this Act,
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(b) the law of a Convention Country, or
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(c) the Fund Convention;
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‘combined amount of compensation’ means, in relation to an incident, the amount of compensation paid by a person other than the Fund, in respect of pollution damage arising out of the incident, and the aggregate amount of compensation.”.
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