Part VI Prevention of Pollution
Chapter III Liability for Oil Pollution
Liability
C1155 Exceptions from liability under sections 153 F1, 153A and 154.
F31
No liability shall be incurred by a person (“the defendant”) under section 153, 153A or 154 by reason of a discharge or escape of oil or bunker oil from a ship, or of a relevant threat of contamination, if the defendant proves that subsection (2) applies.
2
This subsection applies if the discharge or escape or the relevant threat of contamination (as the case may be) —
a
resulted from an act of war, hostilities, civil war, insurrection or an exceptional, inevitable and irresistible natural phenomenon; or
b
was due wholly to anything done or omitted to be done by another person, not being a servant or agent of the F2defendant, with intent to do damage; or
c
was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible.