Part VI Prevention of Pollution
Chapter IV International Oil Pollution
Compensation Fund
Supplemental
Jurisdiction and effect of judgments.
Extinguishment of claims.
Interpretation.
C1181
1
In this Chapter, unless the context otherwise requires—
“damage” includes loss;
“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from the ship;
“guarantor” means any person providing insurance or other financial security to cover the owner’s liability of the kind described in section 163;
“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”, except in sections 173 and 174, means persistent hydrocarbon mineral oil;
“owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered as the ship’s operator, it means the person registered as its operator;
“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—
i
any loss of profits, or
ii
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;
“relevant threat of contamination” means a grave and imminent threat of damage being caused outside a ship by contamination resulting from a discharge or escape of oil from the ship; and
“ship” means any ship (within the meaning of Chapter III of this Part) to which section 153 applies.
2
For the purposes of this Chapter—
a
references to a discharge or escape of oil from a ship are references to such a discharge or escape wherever it may occur, and whether it is of oil carried in a cargo tank or of oil carried in a bunker fuel tank; and
b
where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one.
3
References in this Chapter to the territory of any country shall be construed in accordance with section 170(4) reading the reference to a Liability Convention country as a reference to a Fund Convention country.