The Merchant Shipping (Oil Pollution) (Virgin Islands) Order 1997

Meaning of “the Liability Convention” and related expressions.

154.—(1) Where, as a result of any occurrence, any oil is discharged or escapes from a ship other than a ship to which section 153 applies, then (except as otherwise provided by this Chapter) the owner of the ship shall be liable –

(a)for any damage caused outside the ship in the territory of the Virgin Islands 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 the territory of the Virgin Islands by contamination resulting from the discharge or escape; and

(c)for any damage so caused in the territory of the Virgin Islands by any measures so taken.

(2) Where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship other than a ship to which section 153 applies by the contamination which might result if there were a discharge or escape of 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 the territory of the Virgin Islands; and

(b)for any damage caused outside the ship in the territory of the Virgin Islands by any measures so taken;

and in the subsequent provisions of this Chapter any such threat is referred to as a relevant threat of contamination.

(3) 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, but

(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.

(4) If the owner proves that the pollution damage resulted to any extent from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the owner shall be exonerated to that extent from his liability to such person.

(5) In this section “ship” includes a vessel which is not seagoing.