MARITIME LEGISLATION AMENDMENT ACT 2003 NO. 7, 2003 - SCHEDULE 1 - Amendments about liability for pollution
MARITIME LEGISLATION AMENDMENT ACT 2003 NO. 7, 2003 - SCHEDULE 1
- Amendments about liability for pollutionProtection of the Sea (Civil Liability) Act 1981
1 Subsection 3(1) (at the end of the definition of the 1992Protocol )
Add ", as amended by resolution LEG.1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 3)".
2 Application of amending resolution
The amendment of subsection 3(1) of the Protection of the Sea (Civil Liability) Act 1981 made by this Schedule applies in relation to incidents of a kind described in section 9 of that Act happening after the commencement of this item.
3 At the end of the Act
Add:
Schedule 3—Resolution LEG.1(82)Note: See section 3.
THE LEGAL COMMITTEE at its eighty-second session:
RECALLING Article 33(b) of the Convention on the International Maritime Organization (hereinafter referred to as the "IMO Convention") concerning the functions of the Committee,
MINDFUL of Article 36 of the IMO Convention concerning rules governing the procedures to be followed when exercising the functions conferred on it by or under any international convention or instrument,
RECALLING FURTHER article 15 of the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (hereinafter referred to as the "1992 CLC Protocol") concerning the procedures for amending the limitation amounts set out in the article 6(1) of the 1992 CLC Protocol,
HAVING CONSIDERED amendments to the limitation amounts proposed and circulated in accordance with the provisions of article 15(1) and (2) of the 1992 CLC Protocol,
1. ADOPTS, in accordance with article 15(4) of the 1992 CLC Protocol, amendments to the limitation amounts set out in article 6(1) of the 1992 CLC Protocol, as set out in the Annex to this resolution;
2. DETERMINES, in accordance with article 15(7) of the 1992 CLC Protocol, that these amendments shall be deemed to have been accepted on 1 May 2002 unless, prior to that date, not less than one quarter of the States that were Contracting States on the date of the adoption of these amendments (being 18 October 2000) have communicated to the Organization that they do not accept these amendments;
3. FURTHER DETERMINES that, in accordance with article 15(8) of the 1992 CLC Protocol, these amendments, deemed to have been accepted in accordance with paragraph 2 above, shall enter into force on 1 November 2003;
4. REQUESTS the Secretary-General, in accordance with articles 15(7) and 17(2)(v) of the 1992 CLC Protocol, to transmit certified copies of the present resolution and the amendments contained in the Annex thereto to all States which have signed or acceded to the 1992 CLC Protocol; and
5. FURTHER REQUESTS the Secretary-General to transmit copies of the present resolution and its Annex to the Members of the Organization which have not signed or acceded to the 1992 CLC Protocol.
Article 6(1) of the 1992 CLC Protocol is amended as follows:
the reference to "3 million units of account" shall read "4,510,000 units of account";
the reference to "420 units of account" shall read "631 units of account"; and
the reference to "59.7 million units of account" shall read "89,770,000 units of account".
Protection of the Sea (Oil Pollution Compensation Fund) Act 1993
4 Section 3 (at the end of the definition of the 1992 Protocol)
Add ", as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4)".
5 Application of amending resolution
The amendment of section 3 of the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 made by this Schedule applies in relation to incidents happening after the commencement of this item that cause pollution damage of the kind described in Article 3 of the 1992 Convention.
6 At the end of the Act
Add:
Schedule 4—Resolution LEG.2(82)Note: See section 3.
THE LEGAL COMMITTEE at its eighty-second session:
RECALLING Article 33(b) of the Convention on the International Maritime Organization (hereinafter referred to as the "IMO Convention") concerning the functions of the Committee,
MINDFUL of Article 36 of the IMO Convention concerning rules governing the procedures to be followed when exercising the functions conferred on it by or under any international convention or instrument,
RECALLING FURTHER article 33 of the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (hereinafter referred to as the "1992 Fund Protocol") concerning the procedures for amending the limits of the amounts of compensation set out in article 6(3) of the 1992 Fund Protocol,
HAVING CONSIDERED amendments to the limits of the amounts of compensation proposed and circulated in accordance with the provisions of article 33(1) and (2) of the 1992 Fund Protocol,
1. ADOPTS, in accordance with article 33(4) of the 1992 Fund Protocol, amendments to the limits of the amounts of compensation set out in article 6(3) of the 1992 Fund Protocol, as set out in the Annex to this resolution;
2. DETERMINES, in accordance with article 33(7) of the 1992 Fund Protocol, that these amendments shall be deemed to have been accepted on 1 May 2002 unless, prior to that date, not less than one quarter of the States that were Contracting States on the date of the adoption of these amendments (being 18 October 2000) have communicated to the Organization that they do not accept these amendments;
3. FURTHER DETERMINES that, in accordance with article 33(8) of the 1992 Fund Protocol, these amendments, deemed to have been accepted in accordance with paragraph 2 above, shall enter into force on 1 November 2003;
4. REQUESTS the Secretary-General, in accordance with articles 33(7) and 38(2)(vi) of the 1992 Fund Protocol, to transmit certified copies of the present resolution and the amendments contained in the Annex thereto to all States which have signed or acceded to the 1992 Fund Protocol; and
5. FURTHER REQUESTS the Secretary-General to transmit copies of the present resolution and its Annex to the Members of the Organization which have not signed or acceded to the 1992 Fund Protocol.
Article 6(3) of the 1992 Fund Protocol is amended as follows:
the reference in paragraph 4(a) to "135 million units of account" shall read "203,000,000 units of account";
the reference in paragraph 4(b) to "135 million units of account" shall read "203,000,000 units of account"; and
the reference in paragraph 4(c) to "200 million units of account" shall read "300,740,000 units of account".
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
7 Subsection 26F(13)
Omit "and plastic garbage bags", substitute ", plastic garbage bags and incinerator ashes from plastic products that may contain toxic or heavy metal residues".
8 Paragraph 26FD(3)(c)
Omit "neither English nor French", substitute "not English, French or Spanish".
9 Subsection 26FD(3)
Omit "either English or French", substitute "English, French or Spanish".