Mandating Procedures of Provinces Act, 2008
R 385
Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)10. Limitation of liability |
| (1) | When an incident has occurred in respect of a ship, tanker or offshore installation the owner of such ship, tanker or offshore installation shall not be liable otherwise than under the provisions of this Act to any person for any— |
| (a) | loss or damage referred to in section 9(1)(a) or (c); or |
| (b) | costs referred to in section 9(1)(b), |
suffered or incurred as a result of that incident.
| (2) | No servant or agent of the owner of a ship, tanker or offshore installation shall be liable to any person for any loss, damage or costs referred to in subsection (1). |
| (3) | Any person performing salvage operations in connection with a ship, tanker or offshore installation with the agreement of the owner or master thereof, shall, for the purposes of subsection (2), be regarded as the agent of such owner. |
| (4) | Any person in the service or acting on the authority of the State or the Authority or any person engaged in terms of section 27(1) read with section 4(2)(a) or section 22(1), as the case may be, to perform any act required to be performed in terms of section 4(1), shall not be liable (except in the case of any wilful act or omission on the part of any such person) to any person for any loss of or damage to any ship, tanker or offshore installation or, in the case of such ship or tanker, its cargo or harmful substances, caused by or arising out of or in any manner connected with the performance of such act. |
[Section 10(4) substituted by section 2(2) (item 58 Sch) of Act No. 5 of 1998]
| (5) | If by virtue of the provisions of section 5 measures are being taken to guard against, prevent or remove pollution of the sea by a harmful substance in the prohibited area, any person in the service or acting on the authority of the State or the Authority, any officer of or member of the crew of any vessel employed in the taking of such measures, the employer of such officer or member, or the owner of such vessel, shall not be liable (except in the case of any wilful act or omission on the part of any such person, officer, member, employer or owner) to any person for any loss of or damage to any ship, tanker or offshore installation in the said area, or, in the case of such ship or tanker, its cargo or harmful substances, caused by or arising out of or in any manner connected with the taking of such measures. |
[Section 10(5) substituted by section 2(2) (item 58 Sch) of Act No. 5 of 1998]
| (6) | Any person in the service or acting on the authority of the State or the Authority or any person engaged in terms of section 27(1) read with section 4(2)(a) or section 22(1), as the case may be, to perform any act required to be performed in terms of section 4(1), shall not be liable (except in the case of any wilful act or omission on the part of any such person) for any loss or damage suffered or costs incurred by any person as a result of any measures taken, or as a result of any measures not having been taken, in terms of this Act, to prevent or remove pollution of the sea by a harmful substance. |
[Section 10(6) substituted by section 2(2) (item 58 Sch) of Act No. 5 of 1998]
