Section 23
Interpretation of this Part
of Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act 1998
(1)
In this Part, unless the context otherwise requires —
Definition
“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from the ship;
Definition
“Fund Convention country” means a country in respect of which the Fund Convention is in force;
Definition
“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;
Definition
“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;
Definition
“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;
Definition
“the Fund Convention” means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992;
Definition
“the Fund” means the International Fund established by the Fund Convention.
(2)
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.