Claims For Pollution Harm Brought on By Oil From Oil Tankers

Civil Liability ConventionNote: In 2008, the text of the Convention was accessible by means of the Australian Treaties Library on the AustLII website (). Except as provided in paragraph three, the provisions of this Convention shall not apply to warships, naval auxiliary or other ships owned or operated by a State and utilised, for the time getting, only on Government non-industrial service. The shipowner and insurer are normally entitled to limit their liability to an quantity that is linked to the tonnage of the ship.

For a description of the functioning of these agreements see: The International Regime for Compensation for Oil Pollution Harm, Explanatory note ready by the Secretariat of the International Oil Pollution Compensation Funds. The Canada Shipping Act is amended soon after Canada accedes to the 1992 CLC and the 1992 IOPC Fund. Following midnight on 15 May 1998 ahead of a ship calls at a port in a state party to the 1969 CLC it will want to apply for a certificate from the ship registry of that state.

A 1969 CLC certificate (this might be substituted by a 1969 CLC blue card addressed to a 1969 flag state supplied a shipowner is not calling a ports in a country in which there is in location national legislation which forbids the acceptance of a 1992 CLC certificate as proof of insurance in accordance with the 1969 Convention. On the other hand, in no case shall an action be brought additional than six years from the date of the incident which brought on the harm.

In order to address the imbalance designed by the establishment of the Supplementary Fund amongst the shipping and oil industries, two voluntary agreements where introduced by the International Group of P&I Clubs: the Small Tanker Oil Pollution Indemnification Agreement (STOPIA) 2006, and the Tanker Oil Pollution Indemnification Agreement (TOPIA) 2006, which entered into force on 20 February 2006.

Claims for compensation for oil pollution damage (which includes clean-up expenses) could be brought against the owner of the tanker which triggered the harm or straight against the owner’s P&I insurer. An attempt is becoming created to locate an authority which is ready to issue 1969 CLC certificates in the identical manner as the United Kingdom authority will challenge 1992 CLC certificates for ships flying the flag of a 1969 flag state.