Singapore legislation

Section 5

of Merchant Shipping (Civil Liability and Compensation for Bunker Oil Pollution) Act 2008

Section 5

Restriction of liability for bunker oil pollution

(1)

Where, as a result of any occurrence —

(a)

any bunker oil is discharged or escapes from a ship; or

(b)

there arises a relevant threat of contamination,then, whether or not the owner of the ship in question incurs a liability under section 3 —

(c)

the owner shall not be liable otherwise than under that section for any damage or cost mentioned in that section; and

(d)

no person to whom this paragraph applies shall be liable for any such damage or cost unless it resulted from anything done or omitted to be done by the person either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.

(2)

Subsection (1)(d) applies to —

(a)

any servant or agent of the owner of the ship;

(b)

any person not falling within paragraph (a) but employed or engaged in any capacity on board the ship or to perform any service for the ship;

(c)

any person performing salvage operations with the consent of the owner of the ship or on the instructions of a competent public authority;

(d)

any person taking any of the measures mentioned in section 3(1)(b) or (2)(a); and

(e)

any servant or agent of a person falling within paragraph (c) or (d).

(3)

The liability of the owner of a ship under section 3 for any impairment of the environment is taken to be a liability only in respect of —

(a)

any resulting loss of profits; and

(b)

the cost of any reasonable measures of reinstatement actually taken or to be taken.

Section 5 — Merchant Shipping (Civil Liability and Compensation for Bunker Oil Pollution) Act 2008