Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act 1998 · 2020 Revised Edition · Part 3 · International Oil Pollution Compensation Fund
23. Interpretation of this Part
Feedback & supportIn this Part, unless the context otherwise requires —
“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from the ship;
“Fund Convention country” means a country in respect of which the Fund Convention is in force;
“incident” means any occurrence, or series of occurrences having the same origin, resulting in a discharge or escape of oil from a ship or in a relevant threat of contamination;
oil
“oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship;
“pollution damage” means —
damage caused outside a ship by contamination resulting from a discharge or escape of oil from the ship;
the cost of preventive measures; and
further damage caused by preventive measures,but does not include any damage attributable to any impairment of the environment except to the extent that any such damage consists of —
any loss of profits; or
the cost of any reasonable measures of reinstatement actually taken or to be taken;
“preventive measures” means any reasonable measures taken by any person to prevent or minimise pollution damage, being measures taken —
after an incident has occurred; or
in the case of an incident consisting of a series of occurrences, after the first of those occurrences;
“the Fund Convention” means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992;
“the Fund” means the International Fund established by the Fund Convention.
If the Minister, by order in the Gazette, declares that any State specified in the order is a party to the Fund Convention in respect of any country so specified, the order is, while in force, conclusive evidence that that State is a party to that Convention in respect of that country.