Part 26ACivil liability for pollution of marine environment from marine
structures
Liability for pollution from marine structures and
operations
385EDefences in respect of liability for pollution damage from marine structures and operations
The owner of a marine structure, or the person in charge of any marine operations, is not liable under section 385B, 385C, or 385D if the owner or person in charge, as the case may be, proves that the discharge or escape, or the grave and imminent threat of the discharge or escape, or dumping—
- resulted from an act of war, hostilities, civil war,
insurrection, or a natural phenomenon of an exceptional,
inevitable, and irresistible character; or
- was wholly caused by the act or omission of a third person,
other than the employee or agent of the owner or the person
in charge, as the case may be, with intent to cause damage;
or
- was wholly caused by the negligence or other wrongful act
of any government or other authority, or of any person,
responsible for the maintenance of lights or other
navigational aids in the performance of its functions in
relation to those lights or aids.
The owner of a marine structure and the person in charge of marine operations is not liable to a claimant under section 385B, 385C, or 385D if it is proved that the discharge or escape, or the grave and imminent threat of the discharge or escape, was wholly caused by the act or omission of that claimant, or the employee or agent of that claimant, with intent to cause damage, or was wholly caused by the negligence of that claimant or the employee or agent of that claimant.
Compare
- 1974 No 14 s 33(2), (3)
- 1994 No 104 s 358
Notes
- Section 385E: inserted, on , by section 62 of the Maritime Transport Amendment Act 2013 (2013 No 84).