Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
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Limitation on liability for pollution damage. |
10.—Where the owner of a ship is liable, pursuant to section 7 , for damage caused by a discharge of oil which occurred without his actual fault or privity, the following provisions shall apply— | |
(a) section 503 of the Merchant Shipping Act, 1894 , shall not apply in relation to any such liability; | ||
(b) the owner concerned may limit his liability in accordance with this Act; | ||
(c) where the owner concerned limits his liability in accordance with this Act, his liability for any one discharge shall not exceed fourteen million units of account, or one hundred and thirty-three units of account per ton for each ton of the ship's tonnage, whichever is the lesser; | ||
(d) where a discharge of oil causes pollution damage both in the State and in the territory of any Convention Country, and the owner of the ship from which the oil was discharged has limited his liability in accordance with this Act, the limitation on the liability of the owner shall apply to the aggregate of his liability in the State and in any Convention Country concerned; | ||
(e) where, in accordance with the law of a Convention Country, an owner has limited his liability, the court, tribunal or administrative authority in that Convention Country that has the jurisdiction or power to determine liability for pollution damage and to award compensation therefor shall be exclusively competent to determine all matters relating to the appointment and distribution of any monies lodged with the court, tribunal or administrative authority, as the case may be, in respect of the owner's liability. |