Merchant Shipping (Civil Liability and Compensation for Bunker Oil Pollution) Act 2008

Merchant Shipping (Civil
Liability and Compensation for
Bunker Oil Pollution) Act 2008

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 and to make provisions generally for matters connected therewith.

[21 November 2008]

PART 1

PRELIMINARY

Short title

1. This Act is the Merchant Shipping (Civil Liability and Compensation for Bunker Oil Pollution) Act 2008.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996;

“Bunker Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001;

“Bunker Convention country” means a country in respect of which the Bunker Convention is in force;

“Bunker Convention State” means a State which is a party to the Bunker Convention;

“bunker oil” means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of a ship, and any residues of such oil;

“Court” means the General Division of the High Court;

“damage” includes loss;

“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that section;

“gross tonnage”, in relation to a ship, means its gross tonnage calculated in accordance with the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969;

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

“offshore facility” has the meaning given by the Bunker Convention;

“owner”, in relation to a ship, means the owner, and includes the registered owner, bareboat charterer, manager and operator of the ship;

“port” has the meaning given by the Maritime and Port Authority of Singapore Act 1996;

“registered 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 in that State as the ship’s operator, it means the person registered as its operator;

“ship” means any sea-going vessel and seaborne craft of any type;

“Singapore ship” has the meaning given by the Merchant Shipping Act 1995.

[40/2019]

(2) For the purposes of this Act —

(a)	references to the territory of Singapore include the territorial sea and exclusive economic zone of Singapore and references to the territory of any other country include the territorial sea and exclusive economic zone of that country;
(b)	references to the exclusive economic zone of a country are references to the exclusive economic zone of that country established in accordance with international law or, if such a zone has not been established, such area adjacent to the territorial sea of that country and extending not more than 200 nautical miles from the baselines from which the breadth of that sea is measured;
(c)	references to a discharge or an escape of bunker oil from a ship are references to such a discharge or an escape wherever it may occur of bunker oil on board or originating from that ship;
(d)	where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they are treated as one; but any measures taken after the first of them are deemed to have been taken after the discharge or escape; and
(e)	where a relevant threat of contamination mentioned in section 3(2) results from a series of occurrences having the same origin, they are treated as a single occurrence.

(3) Nothing in this Act applies in relation to —

(a)	any occurrence before 21 November 2008; or
(b)	any occurrence in a series of occurrences having the same origin, if the first took place before that date.

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