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Cap. 412 · cap/412 (Cap. 412)

Cap. 412 Art. 8Language and amendment of Schedules. Text of articles For the 1. "Ship" whatsoever that a ship when it is such carriage aboard. 2. "Person" whether 3. "Owner" in the absence of case of a ship registered as the 4. "State of of registration of the ship is flying. 5. "Oil" oil, heavy diesel in the bunk

In KraftAmtlicher Text

(1) The Schedules to this Act shall be in the English language only, and such text shall apply also to the Maltese text of this Act.

(2) The Minister may by regulations amend, add to, vary, revoke or substitute the Schedules to this Act to conform with any amendments to the 1992 Liability Convention or the 1992 Fund Convention, made in accordance with the said Conventions and accepted by the Government of Malta and may by any such regulations alter the reference in any article of this Act to any provision of the 1992 Liability Convention or the 1992 Fund Convention by a reference to such provision of the convention which in accordance with any amendment thereto accepted by the Government of Malta replaces such provision. I to XI of the International Convention on Civil Liability for Oil Pollution Damage, 1992

Article I

purposes of this Convention:

means any sea-going vessel and seaborne craft of any type constructed or adapted for the carriage of oil in bulk as cargo, provided capable of carrying oil and other cargoes shall be regarded as a ship only actually carrying oil in bulk as cargo and during any voyage following unless it is proved that it has no residues of such carriage of oil in bulk means any individual or partnership or any public or private body, corporate or not, including a State or any of its constituent subdivisions. means the person or persons registered as the owner of the ship or, registration, the person or persons owning the ship. However in the owned by a State and operated by a company which in that State is ship’s operator, "owner" shall mean such company.

the ship’s registry" means in relation to registered ships the State the ship, and in relation to unregistered ships the State whose flag means any persistent hydrocarbon mineral oil such as crude oil, fuel oil and lubricating oil, whether carried on board a ship as cargo or such a ship. "Pollution damage" means: or damage caused outside the ship by contamination resulting from escape or discharge of oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; costs of preventive measures and further loss or damage caused by preventive measures.

"Preventive measures" means any reasonable measures taken by any person has occurred to prevent or minimize pollution damage.

"Incident" means any occurrence, or series of occurrences having the same causes pollution damage or creates a grave and imminent threat of damage. "Organization" means the International Maritime Organization.

Liability Convention" means the International Convention on Civil Pollution Damage, 1969. For States Parties to the Protocol of 1976 Convention, the term shall be deemed to include the 1969 Liability amended by that Protocol.

(i) in the territory, including the territorial sea, State, and

(ii) in the exclusive economic zone of a Contracting in accordance with international law, or, if a Contracting not established such a zone, in an area beyond and territorial sea of that State determined by that State with international law and extending not more miles from the baselines from which the breadth sea is measured;

(b) to preventive measures, wherever taken, to prevent or damage.

Article III