Singapore legislation
Section 3
of Merchant Shipping (Civil Liability and Compensation for Bunker Oil Pollution) Act 2008
Section 3
Liability for bunker oil pollution
(1)
Subject to subsection (3), where as a result of any occurrence, any bunker oil is discharged or escapes from a ship, the owner of the ship shall, except as otherwise provided by this Part, be liable —
for any damage caused outside the ship in the territory of Singapore by contamination resulting from the discharge or escape;
for the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or minimising any damage so caused in the territory of Singapore by contamination resulting from the discharge or escape; and
for any damage caused in the territory of Singapore by any measures so taken.
(2)
Subject to subsection (3), where as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship by the contamination that might result if there were a discharge or an escape of bunker oil from the ship, the owner of the ship shall, except as otherwise provided by this Part, be liable —
for the cost of any measures reasonably taken to prevent or minimise any such damage in the territory of Singapore; and
for any damage caused outside the ship in the territory of Singapore by any measures so taken,and in this Act, any such threat is called a relevant threat of contamination.
(3)
There shall be no liability under this section in relation to —
a discharge or an escape of bunker oil from a ship to which the Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act 1998 applies; or
a threat mentioned in subsection (2) arising in relation to a potential discharge or escape of bunker oil from such a ship,where that bunker oil is also persistent hydrocarbon mineral oil.
(4)
Where a person incurs a liability under subsection (1) or (2), the person shall also be liable for any damage or cost for which the person would be liable under subsection (1) or (2) if the references in that subsection to the territory of Singapore included the territory of any other Bunker Convention country.
(5)
Where —
as a result of any occurrence, a liability is incurred under this section by the owner of each of 2 or more ships; but(b)the damage or cost of which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable,each of the owners shall be liable, jointly with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.
(6)
For the purposes of this section, references to the owner of a ship are references to the owner at the time of the occurrence or first of the occurrences, resulting in the discharge or escape of bunker oil from the ship or giving rise to the relevant threat of contamination, as the case may be.
(7)
The Contributory Negligence and Personal Injuries Act 1953 applies in relation to any damage or cost for which a person is liable under this section, but which is not due to the person’s fault, as if it were due to the person’s fault.