Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
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PART II Civil Liability for Pollution Damage | ||
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Liability for pollution damage. |
7.—(1) The following provisions shall, subject to section 8 , have effect in relation to pollution damage in the State which is caused by a ship carrying oil in bulk as cargo, whether such ship is within or without the State, that is to say— | |
(a) save as is otherwise provided by this Act, the owner of a ship at the time of the incident, or, where the incident consists of a series of occurrences, at the time of the first of the occurrences, which caused pollution damage, shall be liable for such damage; | ||
(b) in any case where pollution damage results from the discharge of oil from two or more ships, the owner of each ship concerned shall, save as is otherwise provided by this Act, be jointly and severally liable for all such damage in so far as such damage is not reasonably severable; | ||
(c) an owner of a ship shall not incur any liability for pollution damage otherwise than under this section; | ||
(d) the servant or agent of the owner of a ship shall not be liable for pollution damage caused by that ship. | ||
(2) Nothing in this Act shall operate so as to prejudice any right of action the owner of a ship may have in respect of an incident against any third party. |