Singapore legislation

Clause 2

of Civil Liability (Oil Pollution) Bill

Clause 2

Interpretation

(1)

In this Act, unless the context otherwise requires —

Definition

“Authority” means The Port of Singapore Authority established under the Port of Singapore Authority Act (Cap. 173);

Definition

“damage” includes loss;

Definition

“Director” means the Director of Marine appointed under section 6 of the Merchant Shipping Act (Cap. 172) and and includes the Deputy Director of Marine appointed under that section;

Definition

“master” includes every person, except a pilot, having command or charge of a ship;

Definition

“offshore facility” means any facility of any kind located in, on or under any of the territorial waters of Singapore other than a ship;

Definition

“oil” means oil of any description and includes spirit produced from oil of any description, coal tar, oil refuse and oil mixed with waste;

Definition

“onshore facility” means any facility (but not limited to motor vehicles and rolling stocks) of any kind located in, on or under any land within Singapore other than submerged land;

Definition

“owner”, in relation to a ship, means the person registered as the owner of the ship, or in the absence of registration the person owning the ship except that, in relation to a ship owned by a State which is operated by a person registered as the ship’s operator, it means the person registered as the operator;

Definition

“owner or operator”, in relation to an offshore facility and an onshore facility, means any person owning or operating such offshore facility or onshore facility and in the case of an abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment;

Definition

“port” has the same meaning as is assigned to it in the Port of Singapore Authority Act (Cap. 173);

Definition

“Port Master” means the Port Master appointed under section 35 of the Port of Singapore Authority Act and includes any Deputy Port Master appointed under that section;

Definition

“ship” includes every description of vessel used in navigation and includes a dum-barge and also includes an air cushioned vehicle;

Definition

“Surveyor-General” means the Surveyor-General of Ships appointed under section 8 of the Merchant Shipping Act (Cap. 172).

(2)

In relation to any damage or loss resulting from the discharge or escape of any oil from a ship references in this Act to the owner of the ship are references to the owner at the time of the occurrence or first of the occurrences resulting in the discharge or the escape.

(3)

References in this Act to the area of Singapore include the territorial waters of Singapore.

(4)

Any reference in this Act to the measures reasonably taken after the discharge or escape of oil for the purpose of preventing or reducing any damage caused by contamination resulting from such discharge or escape shall include actions taken to remove the oil from the water and foreshores or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to fish, shellfish, wildlife, and public and private property, foreshores and beaches.

(5)

Any reference in this Act to the discharge or escape of any oil from a ship, offshore facility or onshore facility shall be construed as a reference to the discharge or escape of the oil from the ship, offshore facility or onshore facility at any place in or outside the area of Singapore.