Merchant Shipping Amendment Act 2008
MERCHANT SHIPPING AMENDMENT ACT 2008
BERMUDA
2008 : 41
MERCHANT SHIPPING AMENDMENT ACT 2008
Date of Assent: 10 December 2008
Operative Date: 10 December 2008
ARRANGEMENT OF SECTIONS
1 Short title
2 Amends section 150
3 Amends section 151
4 Inserts section 151A
5 Amends section 152
6 Substitutes section 153
7 Amends section 154
8 Inserts section 154A
9 Amends section 155
10 Amends section 156
11 Amends section 158
12 Amends section 160
13 Amends section 161
14 Inserts section 161A
15 Amends section 162
16 Amends section 163
17 Amends section 164
18 Amends section 165
19 Amends section 166
20 Amends section 168
WHEREAS it is expedient to amend the Merchant Shipping Act
2002 to give effect in Bermuda to the International Convention on Civil
Liability for Bunker Oil Pollution Damage 2001:
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1
1 This Act may be cited as the Merchant Shipping Amendment Act
2008.
MERCHANT SHIPPING AMENDMENT ACT 2008
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Amends section 150
2 Section 150 of the Merchant Shipping Act 2002 (in this Act
referred to as “the principal Act”) is amended ⎯
(a) in the headnote by deleting “The Liabilities Convention”
and substituting ‘ “Bunkers Convention” and “Liability
Convention” ’;
(b) in subsection (1)—
(i) by inserting the following definitions in their
proper alphabetical positions —
“Bunkers Convention” means the International
Convention on Civil Liability for Bunker Oil
Pollution Damage 2001;
“Bunkers Convention Country” means a country
in respect of which the Bunkers Convention
is in force;
“Bunkers Convention State” means a State
which is a party to the Bunkers
Convention;
(ii) in the definition of “Liability Convention State”
by inserting “Liability” after the word “the”;
(c) by deleting subsection (2) and substituting the following
subsection —
“(2) If the Minister by Order declares that any State
specified in the Order is a party to the Bunkers
Convention or the Liability Convention in respect of any
country so specified in the Order, the Order shall while
in force, be conclusive evidence that, that State is a
party to that Convention, as the case may be, in respect
of that country.”.
Amends section 151
3 Section 151 of the principal Act is amended—
(a) by deleting “owner” and “owners” wherever they occur
and substituting “registered owner” and “registered
owners”, respectively;
(b) in subsection (2)(b) by deleting the words after “taken”
and substituting a full stop;
(c) by inserting the following subsection next after
subsection (2)—
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“(2A) In this Chapter, a threat is a threat referred to
in subsection (2) as a relevant threat of contamination.”;
and
(d) by repealing subsections (7) and (8).
Inserts section 151A
4 The principal Act is amended by inserting the following section
next after section 151—
“Liability for pollution by bunker oil
151A (1) Subject to subsection (3), where, as a result of any
occurrence, any bunker oil is discharged or escapes from a ship
then (except as otherwise provided by this Chapter) the owner of
the ship is liable—
(a) for any damage caused outside the ship in
Bermuda by contamination resulting from the
discharge or escape; and
(b) for the cost of any measures reasonably taken
after the discharge or escape for the purpose of
preventing or minimising any damage so caused
in Bermuda by contamination resulting from the
discharge or escape; and
(c) for any damage caused in Bermuda by any
measures so taken.
(2) Subject to subsection (3), where, as a result of any
occurrence, there arises a grave and imminent threat of damage
being caused outside a ship by the contamination that might
result if there were a discharge or escape of bunker oil from the
ship then (except as otherwise provided by this Chapter) the
owner of the ship shall be liable—
(a) for the cost of any measures reasonably taken for
the purpose of preventing or minimising any such
damage in Bermuda; and
(b) for any damage caused outside the ship in
Bermuda by any measures so taken.
(3) There shall be no liability under this section in
relation to —
(a) a discharge or escape of bunker oil from a ship to
which section 151 applies; or
(b) a threat mentioned in subsection (2) arising in
relation to a potential discharge or escape of
MERCHANT SHIPPING AMENDMENT ACT 2008
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bunker oil from such a ship, where that bunker
oil is also persistent hydrocarbon mineral oil.
(4) In the subsequent provisions of this Chapter—
(a) a discharge or escape of bunker oil from a ship,
other than a discharge or escape of oil excluded
by subsection (3), is referred to as a discharge or
escape of bunker oil falling within subsection (1);
and
(b) a threat mentioned in subsection (2), other than
one excluded by subsection (3), is referred to as a
relevant threat of contamination falling within
subsection (2).
(5) Where a person incurs a liability under subsection (1)
or (2) he shall also be liable for any damage or cost for which he
would be liable under that subsection if the references in it to
the territory of Bermuda included the territory of any other
Bunkers Convention country.
(6) Where—
(a) as a result of any occurrence, a liability is
incurred under this section by the owner of each
of two or more ships; and
(b) the damage or cost for which each of the owners
would be liable cannot reasonably be separated
from that for which the other or others would be
liable,
each of the owners shall be liable, jointly with the other or
others, for the whole of the damage or cost for which the owners
together would be liable under this section.
(7) In this Chapter (except in section 168(1)) “owner”,
except when used in the term “registered owner”, means the
registered owner, bareboat charterer, manager or operator of the
ship.”.
Amends section 152
5 Section 152 of the principal Act is amended —
(a) in the headnote by deleting “in case of other ships” and
substituting “in other cases”;
(b) by deleting “owner” and “owners” wherever they occur
and substituting “registered owner”, and “registered
owners”, respectively;
MERCHANT SHIPPING AMENDMENT ACT 2008
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(c) in subsection (1) —
(i) by deleting “Where” and substituting “Subject to
subsection (2A)”; and
(ii) by deleting “other than a ship to which section
151 applies”;
(d) in subsection (2)—
(i) by deleting “Where” and substituting “Subject to
subsection (2A)”;
(ii) by deleting “other than a ship to which section
151 applies”; and
(iii) in paragraph (b), by deleting the words after
“taken” and substituting a full stop;
(e) by inserting the following subsections next after
subsection (2) —
“(2A) No liability shall be incurred under this section
by reason of —
(a) a discharge or escape of oil from a ship to
which section 151 applies or a relevant
threat of contamination falling within
subsection (2) of that section; or
(b) a discharge or escape of bunker oil falling
within section 151A(1) or a relevant threat of
contamination falling within section 151A(2).
(2B) In the subsequent provisions of this Chapter—
(a) a discharge or escape of oil from a ship, other
than one excluded by subsection (2A), is
referred to as a discharge or escape of oil
falling within subsection (1); and
(b) a threat mentioned in subsection (2), other
than one excluded by subsection (2A), is
referred to as a relevant threat of
contamination falling within subsection (2).”;
and
(f) in subsection (5) by inserting after “section”, the words “,
except for subsection (2A)”.
Substitutes section 153
6 Section 153 of the principal Act is repealed and the following
section is substituted —
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“Exceptions from liability under sections 151, 151A and 152
153 (1) No liability shall be incurred by a person (“the
defendant”) under section 151, 151A or 152 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;
(b) was due wholly to anything done or omitted to be
done by another person, not being a servant or agent
of the defendant, with intent to do damage; or
(c) was due wholly to the negligence or wrongful act of a
government in exercising its function of maintaining
lights or other navigational aids for the maintenance
of which it was responsible.”.
Amends section 154
7 Section 154 of the principal Act is amended—
(a) in the headnote by deleting “oil pollution” and
substituting “pollution from oil or bunker oil”;
(b) in subsection (1)—
(i) by repealing paragraphs (a) and (b) and substituting
the following paragraphs—
“(a) there is a discharge or escape of oil from a
ship to which section 151 applies or there
arises a relevant threat of contamination
falling within subsection (2) of that section;
or
(b) there is a discharge or escape of oil falling
within section 152(1) or there arises a
relevant threat of contamination falling
within section 152(2),”;
(ii) by deleting “owner” and substituting “registered
owner”;
(c) in subsection (2) by deleting “owner” wherever it occurs
and substituting “registered owner”;
MERCHANT SHIPPING AMENDMENT ACT 2008
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(d) by inserting the following subsections next after
subsection (2)—
“(2A) Where, as a result of any occurrence—
(a) there is a discharge or escape of bunker oil
falling within section 151A(1); or
(b) there arises a relevant threat of
contamination falling within section 151A(2),
then, whether or not the registered owner of the ship in
question incurs any liability under section 151A—
(i) he shall not be liable otherwise than
under that section for any such
damage or cost as is mentioned in
it; and
(ii) no person to whom this paragraph
applies shall be liable for any such
damage or cost unless it resulted
from anything done or omitted to be
done by him either with intent to
cause any such damage or cost or
recklessly and in the knowledge that
any such damage or cost would
probably result.
(2B) Subsection (2A)(ii) applies to—
(a) any servant or agent of the registered owner;
(b) any person not falling within paragraph (a)
but engaged in any capacity on board the
ship or to perform any service for the ship;
(c) any person performing salvage operations
with the consent of the owner of the ship or
on the instructions of a competent public
authority;
(d) any person taking any such measures as are
mentioned in section 151A(1)(b) or (2) (a);
(e) any servant or agent of a person falling
within paragraph (c) or (d).”; and
(e) in subsection (3), by deleting “the owner of a ship under
section 151 or 152” and substituting “a person under
section 151, 151A or 152”.
MERCHANT SHIPPING AMENDMENT ACT 2008
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Inserts section 154A
8 The principal Act is amended by inserting the following section
next after section 154—
“Liability under section 151, 151A or 152: supplementary
provisions
154A (1) For the purposes of this Chapter —
(a) references to a discharge or escape of oil or
bunker oil from a ship are references to such a
discharge or escape wherever it may occur;
(b) references to a discharge or escape of oil from a
ship include a discharge or escape of oil carried in
the bunkers of the ship;
(c) where more than one discharge or escape of oil or
bunker oil results from the same occurrence or
from a series of occurrences having the same
origin, they shall be treated as one, but any
measures taken after the first of them shall be
deemed to have been taken after the discharge or
escape; and
(d) where a relevant threat of contamination results
from a series of occurrences having the same
origin, they shall be treated as a single
occurrence.
(2) Subsections (3), (4), (5) and (6) shall apply in relation
to any damage or cost for which a person is liable under section
151, 151A or 152, but which is not due to his fault, as if it were
due to his fault.
(3) Where any person suffers damage as a result partly of
his own fault and partly of the fault of any other person or
persons, a claim in respect of that damage shall not be defeated
by reason of the fault of the person suffering the damage, but the
damages recoverable in respect thereof shall be reduced to such
extent as the court thinks just and equitable having regard to
the claimant’s share in the responsibility for the damage.
(4) Subsection (3) shall not operate to defeat any defence
arising under a contract; and where any contract or enactment
providing for the limitation of liability is applicable to the claim,
the amount of damages recoverable by the claimant under
subsection (3) shall not exceed the maximum limit so applicable.
(5) Where damages are recoverable by any person under
subsection (3) subject to such reduction as is therein mentioned,
MERCHANT SHIPPING AMENDMENT ACT 2008
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the court shall find and record the total damages which would
have been recoverable if the claimant had not been at fault.
(6) Where, in any case to which subsection (3) applies,
one of the persons at fault avoids liability to any other such
person or his personal representative by pleading the Limitation
Act 1984, or any other enactment limiting the time within which
proceedings may be taken, he shall not be entitled to recover any
damages or contributions from that other person or
representative by virtue of the said subsection.
(7) Where any case to which subsection (3) applies is
tried with a jury, the jury shall determine the total damages
which would have been recoverable if the claimant had not been
at fault and the extent to which those damages are to be
reduced.”.
Amends section 155
9 Section 155 of the principal Act is amended —
(a) in subsection (1) —
(i) by deleting “owner” and substituting “registered
owner”; and
(ii) by inserting next after the word “contamination”,
the words “falling within subsection (2) of that
section”; and
(b) in subsection (3), by deleting “owner” and substituting
“registered owner”.
Amends section 156
10 Section 156 of the principal Act is amended—
(a) in subsection (1) by deleting “owner” and substituting
“registered owner”; and
(b) in subsection (6) by deleting paragraph (a) and
substituting the following paragraph—
“(a) by the registered owner or the persons referred to in
section 163 as “the insurer” (in relation to any
insurance or other security provided as mentioned
in subsection (1) of that section); or”.
Amends section 158
11 Section 158 of the principal Act is amended by deleting “owner”
wherever it occurs and substituting “registered owner”.
Amends section 160
12 Section 160 of the principal Act is amended —
(a) by inserting the following title before the headnote —
MERCHANT SHIPPING AMENDMENT ACT 2008
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“Limitation period for claims under this Chapter”; and
(b) by inserting next after “151”, the words “, 151A”.
Amends section 161
13 Section 161(5) of the principal Act is amended by deleting
“owner” and substituting “registered owner”.
Inserts section 161A
14 The principal Act is amended by inserting the following section
next after section 161 —
“Compulsory insurance against liability for pollution from
bunker oil
161A (1) Subject to the provisions of this Chapter relating to
government ships, subsection (2) shall apply to any ship having
a gross tonnage greater than 1,000 tons calculated in the
manner prescribed by an Order made by the Minister under
paragraph 5(2) of Part II of Schedule 6.
(2) The ship shall not enter or leave a port in Bermuda or
arrive at or leave a terminal in the territorial sea of Bermuda nor,
if the ship is a Bermuda ship, a port in any other country or a
terminal in the territorial sea of any other country, unless there
is in force—
(a) a contract of insurance or other security in
respect of the ship satisfying the requirements of
Article 7 of the Bunkers Convention; and
(b) a certificate complying with subsection (3)
showing that there is in force in respect of the
ship a contract of insurance or other security
satisfying those requirements.
(3) The certificate must be—
(a) if the ship is a Bermuda ship, a certificate issued
by the Minister;
(b) if the ship is registered in a Bunkers Convention
country other than Bermuda, a certificate issued
by or under the authority of the government of the
other Bunkers Convention country; and
(c) if the ship is registered in a country which is not a
Bunkers Convention country, a certificate issued
by the Minister or by or under the authority of the
government of any Bunkers Convention country
other than Bermuda.
MERCHANT SHIPPING AMENDMENT ACT 2008
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(4) Any certificate required by this section to be in force
in respect of a ship shall be carried on the ship and shall, on
demand, be produced by the master to any Customs officer, or
the Minister and if the ship is a Bermuda ship, to a proper
officer.
(5) If a ship enters or leaves, or attempts to enter or leave
a port or arrives at or leaves, or attempts to arrive or leave a
terminal, in contravention of subsection (2) by reason of there
being no certificate in force as mentioned in that subsection, the
master or registered owner is liable on conviction on indictment
to a fine, or on summary conviction to a fine not exceeding
$10,000.
(6) If a ship fails to carry, or the master of a ship fails to
produce, a certificate as required by subsection (4), the master is
liable on summary conviction to a fine not exceeding $ 5,000.
(7) If a ship attempts to leave a port in Bermuda in
contravention of subsection (2), the ship may be detained.
(8) Notwithstanding any provision in any law pertaining
to the service of process on a foreign company, any document
required or authorised to be served on a foreign company for the
purpose of the institution of (or otherwise in connection with)
proceedings for an offence under subsection (5) against that
company as the registered owner of a ship shall be treated as
duly served on the company if the document is served on the
master of the ship.
(9) Any person authorised to serve any document for the
purposes of the institution of (or otherwise in connection with)
the institution of proceedings for an offence under this section
shall, for that purpose, have the right to go on board the ship in
question.
(10) In the case of a ship of which, at any relevant time,
the tonnage has not been and cannot be ascertained in the
manner set out in subsection (1), the best available evidence
shall be used in calculating the tonnage of the ship in
accordance with any Order under paragraph 5(2) of Part II of
Schedule 6.”.
Amends section 162
15 Section 162 of the principal Act is amended —
(a) in subsection (1)—
(i) by deleting “161” and substituting “161(2)”;
(ii) by deleting “owner” and substituting “registered
owner”;
MERCHANT SHIPPING AMENDMENT ACT 2008
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(b) by inserting the following subsection next after
subsection (1)—
“(1A) Subject to subsection (2), if the Minister is
satisfied, on the application for such a certificate as is
mentioned in section 163A(2) in respect of a Bermuda
ship or a ship registered in any country which is not a
Bunkers Convention country, that there will be in force
in respect of the ship, throughout the period for which
the certificate is to be issued, a contract of insurance or
other security satisfying the requirements of Article 7 of
the Bunkers Convention, the Minister shall issue such a
certificate to the registered owner.”; and
(c) by repealing subsection (2) and substituting the
following subsection —
“(2) The Minister may refuse the certificate if he is
of the opinion that there is a doubt whether—
(a) the person providing the insurance or other
security will be able to meet his obligations
thereunder; or
(b) the insurance or other security will cover the
registered owner’s liability under section 151,
or the owner’s liability under section 151A,
as the case may be.”.
Amends section 163
16 Section 163 of the principal Act is amended —
(a) in subsection (1) —
(i) by deleting “owner” and substituting “registered
owner”;
(ii) by deleting “161” and substituting “161(2)”;
(iii) by deleting “(in the following provisions of this
section referred to as “the insurer”)”;
(b) by inserting the following subsections next after
subsection (1) —
“(1A) Where it is alleged that the owner of a ship has
incurred a liability under section 151A as a result of any
discharge or escape of bunker oil occurring, or as a
result of any relevant threat of contamination arising,
while there was in force a contract of insurance or other
security to which such a certificate as is mentioned in
section 161A(2) related, proceedings to enforce a claim in
MERCHANT SHIPPING AMENDMENT ACT 2008
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respect of the liability may be brought against the
person who provided the insurance or other security.
(1B) In the following provisions of this section, “the
insurer” means the person who provided the insurance
or other security referred to in subsection (1) or
subsection (1A), as the case may be.”;
(c) in subsection (2) —
(i) by deleting “owner” and “owner’s” and
substituting “registered owner” and “registered
owner’s”, respectively;
(ii) by inserting “in respect of liability under section
151” next after the word “section”;
(d) in subsection (3)—
(i) by inserting the words “in respect of liability
under section 151 which are” next after the
word “claims”;
(ii) by deleting “owner” wherever it occurs and
substituting “registered owner”;
(iii) by inserting the words “under section 155” next
after the word “liability” in the second place
where it occurs;
(e) in subsection (4)—
(i) by deleting “owner” and substituting “registered
owner”;
(ii) by inserting “(in relation to liability under
section 151)” next after “liability”;
(f) by inserting the following subsections next after
subsection (4)—
“(4A) In any proceedings brought against the insurer
by virtue of this section in respect of liability under
section 151A it shall be a defence (in addition to any
defence affecting the owner’s liability) to prove that the
discharge or escape, or (as the case may be) the threat of
contamination, was due to the wilful misconduct of the
owner himself.
(4B) The insurer may limit his liability in respect of
claims in respect of liability under section 151A which
are made against him by virtue of this section in like
manner and to the same extent as the owner may limit
his liability by virtue of section 181; but the insurer may
do so whether or not the discharge or escape, or (as the
MERCHANT SHIPPING AMENDMENT ACT 2008
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case may be) the threat of contamination, resulted from
any act or omission mentioned in Article 4 of the
Convention set out in Part I of Schedule 6.
(4C) Where the owner and the insurer each apply to
the court for the limitation of his liability (in relation to
liability under section 151A) any sum paid into court in
pursuance of either application shall be treated as paid
also in pursuance of the other.”; and
(g) in subsection (5) by inserting “or 161A” next after “161”.
Amends section 164
17 Section 164 of the principal Act is amended —
(a) by repealing subsection (2) and substituting the
following subsection —
“(2) Where—
(a) there is a discharge or escape of oil from a
ship to which section 151 applies, or a
discharge or escape of oil falling within
section 152(1) which does not result in any
damage caused by contamination in
Bermuda and no measures are reasonably
taken to prevent or minimise such damage in
Bermuda; or
(b) any relevant threat of contamination falling
within section 151(2) or 152(2) arises but no
measures are reasonably taken to prevent or
minimise such damage in Bermuda;
no court in Bermuda shall entertain any action
(whether in rem or in personam) to enforce a
claim arising from any relevant damage or cost
(i) against the registered owner of the ship;
or
(ii) against any person to whom section
154(1)(ii) applies, unless any such
damage or cost resulted from anything
done or omitted to be done as
mentioned in that provision.”;
(b) by inserting the following subsections next after
subsection (3) —
“(3A) Where—
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(a) there is a discharge or escape of bunker oil
falling within section 151A(1) which does not
result in any damage caused by
contamination in Bermuda and no measures
are reasonably taken to prevent or minimise
such damage in Bermuda; or
(b) any relevant threat of contamination falling
within section 151A(2) arises but no
measures are reasonably taken to prevent or
minimise such damage in Bermuda,
no court in Bermuda shall entertain any action (whether
in rem or in personam) to enforce a claim arising from
any relevant damage or cost—
(i) against the owner of the ship; or
(ii) against any person to whom
section 154(2A)(ii) applies,
unless any such damage or cost
resulted from anything done or
omitted to be done as
mentioned in that provision.
(3B) In subsection (3A), “relevant damage or cost”
means—
(a) in relation to any such discharge or escape
as is mentioned in paragraph (a) of that
subsection, any damage caused in the
territory of another Bunkers Convention
country by contamination resulting from the
discharge or escape, or any cost incurred in
taking measures to prevent or minimise such
damage in the territory of another Bunkers
Convention country;
(b) in relation to any such threat of
contamination as is mentioned in paragraph
(b) of that subsection, any cost incurred in
taking measures to prevent or minimise such
damage in the territory of another Bunkers
Convention country; or
(c) any damage caused by any measures taken
as mentioned in paragraph (a) or (b) above;
and section 154(2B)(d) shall have effect for the purpose
of subsection (3A)(ii) as if it referred to any person taking
any such measures as are mentioned in paragraph (a) or
(b).”; and
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(c) by repealing subsection (4) and substituting the
following subsections—
“(4) The Judgments (Reciprocal Enforcement)
Act (1958) shall apply in respect of the
enforcement of any judgment of a court in the UK
in respect of any liability incurred under section
151 or 151A or any provision corresponding to
section 151 or 151A.
(5) The common law rules of private
international law shall apply to the enforcement
of any judgment of a court in a Liability
Convention country or a Bunkers Convention
country other than the UK, in respect of any
liability incurred under section 151 or 151A or
any provision corresponding to section 151 or
151A.”.
Amends section 165
18 Section 165 of the principal Act is amended—
(a) by repealing subsection (2) and substituting the
following subsection—
“(2) In relation to a ship owned by a State and for
the time being used for commercial purposes—
(a) it shall be sufficient compliance with section
161(2) if there is in force a certificate issued
by the government of that State and showing
that the ship is owned by that State and that
any liability for pollution damage as defined
in Article I of the Liability Convention will be
met up to the limit prescribed by Article V of
that Convention; and
(b) it shall be sufficient compliance with section
161A(2) if there is in force a certificate issued
by the government of that State and showing
that the ship is owned by that State and that
any liability for pollution damage as defined
in Article 1 of the Bunkers Convention will be
met up to the limits set out in Chapter II of
the Convention in Part I of Schedule 6.”; and
(b) by inserting the following subsection next after
subsection (3) —
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“(4) Every Bunkers Convention State shall, for the
purposes of any proceedings brought in a court in
Bermuda to enforce a claim in respect of a liability
incurred under section 151A, be deemed to have
submitted to the jurisdiction of that court, and
accordingly rules of court may provide for the manner in
which such proceedings are to be commenced and
carried on; but nothing in this subsection shall
authorise the issue of execution against the property of
any State.”.
Amends section 166
19 Section 166 of the principal Act is amended—
(a) in the headnote by inserting next after “section”, the
words “151A or”; and
(b) by inserting next after “section” in the second place
where it occurs, the words “151A or”.
Amends section 168
20 Section 168 of the principal Act is amended—
(a) in subsection (1)—
(i) by deleting the definition of “owner” and
inserting the following in their proper
alphabetical positions—
“bunker oil” means any hydrocarbon mineral oil
(including lubricating oil) which is carried by
a ship and used or intended to be used for
the operation or propulsion of that ship and
any residues of such oil;
“owner” has the same meaning as “owner” under
section 151A(7);
(ii) in the definition of “oil” by inserting next after
“oil”, where it first occurs, the words “, except in
the term “bunker oil””;
(iii) by deleting the definition of “relevant threat of
contamination” and substituting the following —
“ “relevant threat of contamination” includes —
(a) a relevant threat of contamination
falling within section 151(2) (as defined
in section 151(2A));
MERCHANT SHIPPING AMENDMENT ACT 2008
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(b) a relevant threat of contamination
falling within section 151A(2) (as defined
in section 151A(4)); and
(c) a relevant threat of contamination
falling within section 152(2) (as defined
in section 152(2B));”;
(b) in subsection (2) —
(i) by inserting next after “oil”, the words “or
bunker oil”;
(ii) by inserting next after “owner” where it first
occurs, the words “or the registered owner”;
(iii) by inserting next after “owner” in the second
place where it occurs, the words “or the
registered owner (as the case may be)”; and
(c) in subsection (3)(b) by inserting next after the word
“country” where it first occurs, the words “or Bunkers
Convention country”.
