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The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) Bill

Le ministre de l’Économie Bleue va présenter en première lecture, le 7 mai 2024, son projet de loi de combat contre la pollution marine faite par la marine marchande sur les cotes mauriciennes.

The main object of this Bill is to give the force of law to the International Convention on Civil Liability for Oil Pollution Damage (CLC), 1992, to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, and to the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, which are maritime treaties dealing with pollution damage caused only by oil tankers which carry oil in bulk as cargo, and to which Mauritius is a party.

Accordingly, the Bill makes provisions to ensure that adequatecompensation is made available to persons who suffer from pollution damagecaused in the territorial sea of Mauritius and the exclusive economic zone ofMauritius (EEZ), pollution damage caused as a result of the discharge or escapeof oil, wherever such discharge or escape may occur, where the oil is carried inbulk as cargo on board an oil tanker or where the oil is used or intended to beused for the operation or propulsion of an oil tanker.

As a consequence of ensuring that adequate compensation is made available to persons who suffer from pollution damage, the Bill further provides,inter alia, that –
(a)no oil tanker carrying more than 2,000 tons of oil in bulk as cargos hall enter or leave a port in Mauritius unless there is, in respect oft hat oil tanker, a certificate of insurance, or such other financial security, satisfying the requirements of Article VII of the CLC against liability for pollution damage;
(b)a person who, in a year, receives more than 150,000 tons of contributing oil, or any person who receives the oil so imported, shall make contributions to the International Oil Pollution Compensation Fund and to the International Oil Pollution Compensation Supplementary Fund.

S.MAUDHOO
Minister of Blue Economy, Marine Resources, Fisheries and Shipping

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