Section 2
Interpretation
of Merchant Shipping (CIVIL Liability and Compensation for Oil Pollution) Act
(1)
In this Act, unless the context otherwise requires —
“Brunei Darussalam ship” means a Brunei Darussalam ship or a
Brunei Darussalam licensed ship as defined in section 2(1) of the
Merchant Shipping Order, 2002 (S 27/2002);
“country” includes a territory;
“Court” means the High Court;
“damage” includes loss;
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Order, 2002 (S 27/2002) and includes the Deputy Director of Marine;
“Liability Convention” means the International Convention on
Civil Liability for Oil Pollution Damage, 1992;
“Liability Convention country” means a country in respect of which the Liability Convention in force;
Merchant Shipping
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“Liability Convention State” means a State which is a party to the
Liability Convention;
“master” includes every person, except a pilot, having command or charge of a ship;
“Minister”
means the
Minister of
Transport and
Infocommunications;
“oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of ship;
“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;
“port” means any area in Brunei Darussalam declared to be a port under section 3 of the Maritime and Port Authority of
Brunei Darussalam Act (Chapter 222);
“ship” means any seagoing vessel and seaborne craft of any type.
(2)
If the Minister, by order published in the Gazette, declares that any State specified in the order is a party to the Liability Convention in respect of any country so specified, the order shall, while in force, be conclusive evidence that that State is a party to the Liability Convention in respect of that country.
(3)
For the purposes of this Act —
(a)
references to the territory of Brunei Darussalam include the territorial sea and exclusive economic zone of Brunei Darussalam 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;
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(c)
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;
(d)
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; 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 referred to in section 3(2) results from a series of occurrences having the same origin, they shall be treated as a single occurrence.