Oil Pollution of the Sea (Amendment) Act, 1977
|
Right to recover compensation from Minister. |
3.—(1) Any person who establishes that any action taken pursuant to section 2 of this Act, or in pursuance of a direction given pursuant to section 2 of this Act— | |
(a) was not reasonably necessary to prevent, or to reduce, oil pollution or the risk of such pollution, or | ||
(b) was such that the damage it prevented, or was likely to prevent was disproportionately less than any expense incurred or damage suffered as a result of the action, | ||
shall be entitled to recover compensation in a court of competent jurisdiction from the Minister in respect of any loss or damage suffered or unnecessary expense incurred by such person as a result of the action so taken. | ||
(2) In considering whether a person is entitled to recover compensation from the Minister pursuant to subsection (1) of this section, account shall be taken of— | ||
(a) the extent and risk of oil pollution if no action had been taken pursuant to section 2 of this Act, | ||
(b) the extent and risk of major damage to the coastline of the State, | ||
(c) the likelihood of the action being effective, and | ||
(d) the extent of the damage which had been caused by the action. |