1. Maritime Legislation on Oil Pollution Prevention and liability/Compensation
Presented by Capt. Deepak Kapoor –
Nautical Surveyor ,
Directorate General of Shipping, Mumbai

2. TREND IN MAJOR OIL SPILLS

3. Collision in South Korea

4. Consequential action and claims

5. International Obligations Indian Administration
Part II
International Obligations of
Indian Administration

6. Status of conventions Instruments Entry States Age % W. Tonnage
UNCLOS y
IMO y %
Prevention
MARPOL ( 26)y
Intervention y %
Response
OPRC y %
Salvage y %
OPRC HNS y %
Liability
CLC (13) y %
FUND (13) y %
HNS %
Bunkers M %
Legal
FAL y %
LLMC y %

7. Administrative Aspect of Oil Pollution in International Law
Umbrella Convention
UNCLOS Article 207/208/209/210/211/212- adoption of laws for pollution from land based/sea bed activities/activities from area/dumping/vessels/from air
UNCLOS Article Measures to avoid pollution arising from maritime casualties- beyond TW
Prevention
MARPOL 73/78- Parties to give full effect to the provisions of the convention
High Seas Intervention Article 1 - Measures to prevent, mitigate or eliminate grave & imminent danger to its coastline and other provisions
Response
OPRC Article 1– individual or jointly to take measures
Article 9 of Salvage Convention- Rights of the Coastal States to protect its coastline
Liability
CLC/FUND 92 conventions- State party has agreed to uniform international rules for determining liability and providing adequate compensation.
Bunker convention State party has agreed to uniform international rules for determining liability and providing adequate compensation for damage by bunker oil

8. MARPOL 73/78(Prevention) Application- Types of Vessels
Construction- Tanks for residues
SBT/CBT/SLOP Tanks
Double Hull and Double Bottom
Pump room bottom protection
Limitation of size
COW arrangements
Pumping and discharge arrangement
OWF Equipment
Oil/water interface detector
Control of operational discharge
SOPEP
Oil Record Book
Reception Facilities
Sub division and damage stability
Survey and certification

9. High Sea Intervention (Prevention)
Consultation with other states and experts
Interim measures to protect lives and repatriation
Set up list of experts
Measures should be reasonable
Liability on the coastal state in case of damage to others
Conciliation
Arbitration
List of substances

10. OPRC (Response) Oil pollution emergency plans
Oil pollution reporting procedures
Action on receiving an oil pollution report
National and regional systems for preparedness and response
International co-operation in pollution response
R&D Promotion
Technical Co-operation
Promotion of Bilateral/Multilateral Co-operation in Preparedness and response
Reimbursement of costs and assistance
Establishment of oil pollution combating equipment stockpiles
Development of training programme
Improving salvage services
Co-operation between states and insurers

11. Salvage Convention (Response)
Application judicial or arbitral proceedings
Platform/state owned vessels
Rights and remedies for public authorities
Duties of salvor ,owner and master
Rights of coastal states
Conditions for reward
Criteria for fixing reward (No cure and No Pay)
Special compensation (SCOPIC)
Salvage of persons
Claims and actions( 2years)
Common understanding on Article 13/14
Amendment to York Antwerp Rules
Transmittal of text of laws to IMO

12. CLC/Bunker/HNS (Liability)
Applicability- up to EEZ
In case of ships carrying cargo as oil in bulk
Compulsory insurance by ships
Liability up to limit as per GRT
Constitution of FUND
Acceptance of certificates issued outside India
Ban on entry and leaving
Jurisdiction of courts

13. Reference Documents on Pollution Response and Claims (All 4)
Manual on Oil Pollution Edition-
Section I - Prevention
Section II Contingency Planning
Section III - Salvage
Section IV - Combating Oil Spills
Section V - Administrative Aspects of Oil pollution Response
Section VI - IMO guidelines on samplings & identification of oil spills
Comprehensive manual on Port Reception facilities
Guidelines to ensure the adequacy of port waste reception facilities
2.Chemical Pollution
Problem Assessment and Response Arrangements
Search and Recovery of Packaged goods at Sea
Claims settlement
IOPC claims Manual Edition

14. Part III
Where do we stand now?

15. National Laws (All 4) Merchant Shipping Act 1958:
Section 356 C – Provisions of Prevention of Pollution
Section 356 I – Oil reception Facilities at ports
Provisions for Containment for accidental pollution
Section 356 J - Power to give Notice to polluting ship
Section 356K – Power to take measures for preventing or containing oil pollution
Section 356L – Power to give directions to certain ships
Section 356M - Oil Pollution Cess
Part XA- Limitation Liability
Part XB-Civil Liability for oil pollution damage
Part XC International Oil pollution Compensation Fund
Indian Coast Guard Act any notifications
Indian Ports Act 1917 as amended
Inland Vessels Act 1917 as amended

16. Compensation Regime (Oil Tankers)

17. LIMITS OF LIABILITY (Non Tankers/Tankers)
Legal
Main Convention
LLMC 1976 – PERSONAL CLAIMS – /- SDR – /- USD.
Above 70,000 GT above 21million SDR+
PROPERTY CLAIMS – SDR – USD.
Above 70,000GT above 10.9million SDR+
Protocol
LLMC 1996 – PERSONAL CLAIMS < 2 Million SDR – 3.17 Million USD.
Above 70,000GT above 48.4million SDR+
PROPERTY CLAIMS – up to 2000GT-2million SDR.
Above 70,000GT above 24.2million SDR+

18. LIMITS OF LIABILITY FOR ships carrying oil as Cargo in bulk (01st November 2003)
Tier I
CLC 1969 – 3 Million TO 14 Million SDR (22 Million USD)
CLC 1992 – 59.7 (88 Million USD) TO Million SDR – Million USD
Tier II
Fund 1971 – 60 Million SDR (95 Million USD)
Fund 1992 – 135 Million SDR (240 Million USD) – 203 Million SDR (321 Million USD).
Tier III
S- Fund – 750 Million SDR (1186 Million USD).
STOPIA 2006 – 20 Million SDR (32 Million USD for tankers up to 2954 GRT)
TOPIA 2006 – indemnification 50%.
Review: Between 2006 to 2016

19. Part IV– Ways of Improving
By Bridging the Gap

20. OBSERVATIONS MADE AT CABINET SECRETARY MEETING ON 08TH DECEMBER’ 2003 ON SUBJECT ISSUE
No indigenous facilities for TIER III, Oil Spills
Operational & Functional Responsibilities rest with Coast Guard
Legal & Administrative responsibilities rest with DG Shipping
Risk exposure to Oil Spill likely to increase
Oil Spill Management requires operational & functional agency mandated to handle spills under overall supervision of Maritime Authority i.e. DG Shipping
A separate entity was not necessary

21. Decisions taken during the Meeting
Indigenous Tier III should be developed within coast guard
Coast Guard to function under the Ministry of Defence
R&D activities & requisite Science & Technology to be given by Oil Industry Safety Directorate
Legal & Administrative matters, the responsibility of Maritime Authority under DG Shipping
DG Shipping to function under the direction of Ministry of Shipping
Compressive Oil Spill Management Policy for India to be finalized at earliest

22. Tiered Response Concept

23. Threat to Indian Sub continent
Call by Region and Vessel Type
Container %
Dry Bulk %(16000)
Gas % (3000)
GC % (18,000)
Passenger %
Ro Ro %
Miscellaneous %
Tanker %(18000)
501 & 13 Live VLCC and ULCC
2.2billion oil trade/year(89% of total volume of global trade
,231miilion by pipeline and 17million by road /rail tankers

24. Review of rules for INTERVENTION HIGH SEAS Convention
New Instruments
Review of rules for INTERVENTION HIGH SEAS Convention
Review of rules for OPRC Convention
Enact Bunker Convention and frame rules
Consider Ratification of Supplementary Fund – 2003
Consider Ratification of LLMC 1996

25. Fill up Gaps Between various applicable Acts
Power of port to prohibit certain vessels
Rules for arrival/departures of vessels
Procedures for loading, discharge, ballast and wastes
Provisions for reception facilities
Contingency plans
Procedures for dealing with oil spills
Provisions for place of refuge
Right to seek compensation
Relationship between orts and others
Competent of port to deal with incident outside port
Power of port to detain
Audit of ports
Insurance against oil pollution and wreck removal
Provisions of cooperation between various authorities
Provisions for salvage services
Penalty provisions
Delegation of powers to CG

26. Summary
Legal framework for Oil Pollution & Liability to strengthen for facilitatation of foreign trade and achieving economic goals
Lays down and implements basic objectives of State (Preamble)
Good Rules or procedure for detention, denial of entry, banning departure or arrest with deterrent measures
Legal framework to regulate relationship with all parties

27. Thank You for paying attention