Singapore legislation

Clause 3

of Civil Liability (Oil Pollution) Bill

Clause 3

Liability for oil pollution

(1)

Where any oil is discharged or escapes from any ship (whether carried as part of a cargo of a ship or otherwise), offshore facility, or onshore facility —

(a)

the owner of the ship; or

(b)

the owner or operator of the offshore facility or onshore facility,shall be liable, except as otherwise provided by this Act, —

(c)

for any damage caused in the area of Singapore by contamination resulting from the discharge or escape;

(d)

for the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or reducing any such damage in the area of Singapore; and

(e)

for any damage caused in the area of Singapore by any measures so taken.

(2)

Where any oil is discharged or escapes from two or more ships and —

(a)

a liability is incurred under this section by the owner of each of them; 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,the owners shall be liable, jointly and severally with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.

(3)

For the purposes of this Act, where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one; but any measures taken after the first of them shall be deemed to have been taken after the discharge or escape.

(4)

The Contributory Negligence and Personal Injuries Act (Cap. 31) shall apply in relation to any damage or cost for which a person is liable under this section, but which is not due to his fault, as if it were due to his fault.