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Part 3 · International Oil Pollution Compensation Fund

23. Interpretation of this Part

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(1)

In 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;

“pollution damage” means —

(a)

damage caused outside a ship by contamination resulting from a discharge or escape of oil from the ship;

(b)

the cost of preventive measures; and

(c)

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 —

(d)

any loss of profits; or

(e)

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 —

(a)

after an incident has occurred; or

(b)

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.

(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.

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