Oil Pollution

Intro
Increase of transportation of oil and petrol, leads to

increase in pollution.
Collision and explosion or even dumping of waste leads
to pollution.
Imposing fines or inflicting punishment.
Compensation from the damage caused by oil spills
from laden tankers is governed by to international
conventions:I. International convention for on civil liability for oil
pollution damages &
II. International convention on establishment of an
international fund for compensation for oil pollution
damage.

Civil Liability Convention

Came into effect in 1975
Objective is to establish an international

regime on uniform basis.

Doesn't cover cost of measures taken to
avert the threat.

Application
1. Oil pollution caused due to heavy fuel oils and crude

2.

3.
4.

5.
6.

oils will be covered and not by other lighter faction

like gasoline, kerosene etc
Provisions are applicable only for vessels carrying oil
as cargo and will not apply if there is a spill of bunker
fuel on a ballast voyage.
It covers only owners liability and not the charterers.
The Convention applies only to damage caused or
measures taken after an incident has occurred.
Convention doesn't apply to pure threat removal
measures.
Conventions applies to contracting states territory if
affected including the territorial water.
The vessel must have flag of contracting state during
discharge.

Strict liability
The owner of a tanker has strict liability, i.e.

he will be liable even in the absence of a

fault
The defendant can escape liability if he can
prove that the damage resulted from:i. An act of war or grave natural disaster.
ii. Sabotage by a third party.
iii. Negligence by a public authorities in
maintaining lights or other navigational
aids.

Limitation of liability
if the damage occurs as a result of personal

fault or privity of the owner. Means if there

is a mistake of the cargo owner then he ll
not b liable for claim
Claims of liability can only be made against
the registered owner. N not to the agent of
the cargo
Prohibits claims against the servants or
agent of the owner.

Compulsory Insurance
The owner of a tanker is obliged to cover

his liability. So he has to maintain the

insurance inorder to claim the liability
Tankers must carry certificate on board,
where DG shipping provides the same.so
that there has to b proof for insurance
compensation

Funds Convention
Adopted in 1971 but came into effect.
Objectives:-

Provide supplementary compensation to

those who cannot obtain full
compensation.
ii. Enables vessel owner to apply fund for
reimbursement.
i.

Supplementary
Compensation
Created an International oil pollution

compensation.
The IOPC fund pays compensation in the
following circumstances:i. The ship-owner is exempted from liability.
ii. The ship owners is financially incapable of
meeting his obligation in full.
iii. The damage exceeds the ship-owners
liability which includes reasonable

The fund will not pay any

compensation if,
The damage occurred is not a member of

IOPC Fund.
Pollution is in the form of war or oil spills
from the warship.
Enable to prove the source of spillage.
Damage results wholly or partially from an
intentional or a negligent act.

US oil pollution act 1990

Silent features of legislation:Statutory recoverable amounts include
third party damages.
The Act applies to:a) A vessel over 300 GRT
b) Vessel using any port in USA.
c) Vessel size within the economic zone of
200 NM
)OPA requires evidence
)Liability

THANK YOU