Section 27
Limitation of Fund’s liability under section 26
of Merchant Shipping (CIVIL Liability and Compensation for Oil Pollution) Act
(1)
The Fund’s liability under section 26 shall be subject to the following —
(a)
subject to paragraphs (b) and (c), the aggregate amount of compensation payable by the Fund shall, in respect of any one incident, be limited, such that the total sum of that amount and the amount of compensation actually paid under section 3 for pollution damage shall not exceed 203 million special drawing rights;
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
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(b)
subject to paragraph (c), the aggregate amount of compensation payable by the Fund for pollution damage resulting from an exceptional, inevitable and irresistible natural phenomenon shall not exceed 203 million special drawing rights;
(c)
the maximum amount of compensation referred to in paragraphs (a) and (b) shall be 300.74 million special drawing rights with respect to any incident occurring during any period when there are 3 Fund Convention countries in respect of which the combined quantity of oil imported or received by persons in the territories of such countries, during the preceding calendar year, is not less than 600 million tons; and
(d)
any interest accrued on any payment made to the Court under section 7 shall not be taken into account for the computation of the maximum compensation payable by the Fund under this section.
(2)
Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under subsection (1), the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant concerned under this Part shall be the same for all claimants.
(3)
A certificate given by the Director of the Fund stating that subsection (1)(c) is applicable to any claim under section 26 shall be conclusive evidence for the purposes of this Part that it is so applicable.
(4)
For the purpose of giving effect to subsections (1) and (2), the
Court giving judgment against the Fund in proceedings under section 26
shall notify the Fund, and —
(a)
no step shall be taken to enforce the judgment unless and until the Court gives leave to enforce it;
(b)
that leave shall not be given unless and until the Fund notifies the Court either that the amount of the claim is not to be reduced under subsection (1), or that it is to be reduced to a specified amount; and
(c)
in the latter case the judgment shall be enforceable only for the reduced amount.
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
(5)
Any steps taken to obtain payment of an amount or a reduced amount in pursuance of a judgment referred to in subsection (4) shall be steps to obtain payment in Brunei Darussalam dollars, and —
(a)
for the purpose of converting such an amount from special drawing rights into Brunei Darussalam dollars, one special drawing right shall be treated as equal to such a sum in Brunei Darussalam dollars as the International Monetary Fund has fixed as being the equivalent of one special drawing right for —
(i)
the relevant day, namely the day on which the Assembly of the Fund decide the date for the first payment of compensation in respect of the incident; or
(ii)
if no sum has been so fixed for the relevant day, the last day before that day for which a sum has been so fixed;
and
(b)
a certificate given by or on behalf of the Minister of Finance and Economy stating —
(i)
that a particular sum in Brunei Darussalam dollars has been so fixed for the relevant day; or
(ii)
that no sum has been so fixed for the relevant day and that a particular sum in Brunei Darussalam dollars has been so fixed for a day which is the last day for which a sum has been so fixed before the relevant day, shall be conclusive evidence of those matters for the purposes of this Part.
(6)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, make such amendments to this section as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the provisions set out in paragraphs 4 and 5 of Article 4 of the Fund Convention.
(7)
Any document purporting to be a certificate referred to in subsection (5)(b) shall, in any legal proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
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(Civil Liability and Compensation for Oil Pollution)
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