INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE (RATIFICATION AND ENFORCEMENT) ACT

CHAPTER 129
INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL
POLLUTION DAMAGE (RA TIFICA TION AND ENFORCEMENT) ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Enforcement of the International Convention on Civil Liability for Oil Pollution Damage.
2. Short title.

SCHEDULE
CHAPTER 129

INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL
POLLUTION DAMAGE (RA TIFICA TION AND ENFORCEMENT) ACT
An Act to enable effect to be given in the Federal Republic of Nigeria to the International Convention on Civil Liability for Oil Pollution Damage 1969 as amended;
and for related matters.
[22nd December 2006]
[Commencement. ]
WHEREAS a Convention entitled “the International Convention on Civil Liability for
Oil Pollution Damage 1969” as thereafter amended in 1976 and 1992 respectively has
been duly adopted by divers Countries and the Federal Republic of Nigeria is desirous
of adhering to the said Convention and has deposited the necessary instrument of
Ratification:
AND WHEREAS it is necessary and expedient to make legislative provisions for the
enforcement in the Federal Republic of Nigeria of the provisions of the said Convention by way of an Act of the National Assembly;
NOW, THEREFORE, IT IS:
ENACTED by the National Assembly of the Federal Republic of Nigeria:

1. Enforcement of the International Convention on Civil Liability for Oil Pollution
Damage

As from the commencement of this Act, the provisions of the International Convention on Civil Liability for Oil Pollution Damage, 1969 set out in the Schedule to this Act,
shall subject as thereunder provided have the force of law in the Federal Republic ofNigeria and shall be given full recognition and effect and be applied by all authorities and
persons exercising legislative, executive or judicial powers in Nigeria.
[Schedule. ]

2. Short title

This Act may be cited as the International Convention on Civil Liability for Oil Pollution Damage (Ratification and Enforcement) Act, 2006.
SCHEDULE
[Section I.]
The States Parties to the present Convention, CONSCIOUS of the dangers of pollution posed
by the worldwide maritime carriage of oil in bulk, CONVINCED of the need to ensure that
adequate compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil from ships, DESIRING to adopt uniform international
rules and procedures for determining questions of liability and providing adequate compensation in such cases,

HAVE AGREED as follows:

Article I

For the purposes of this Convention:

1. “Ship” means any sea-going vessel and seaborne craft of any type whatsoever constructed
or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil
and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as
cargo and during any voyage following such carriage unless it is proved that it has no residues
of such carriage of oil in bulk aboard.

2. “Person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions.

3. “Owner” means the person or persons registered as the owner of the ship or in the absence of registration, the person or persons owning the ship. However, in the case of a ship
owned by a State and operated by a company which in that State is registered as the ship’s
operator, “owner” shall mean such company.

4. “State of the ship’s registry” means in relation to registered ships the State of registration of the ship, and in relation to unregistered ships the State whose flag the ship is flying.

5. “Oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a
ship.

6. “Pollution damage” means–

(a) loss or damage caused outside the ship by contamination resulting from the
escape or discharge of oil from the ship, wherever such escape or discharge
may occur, provided that compensation for impairment of the environment
other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken;
(b) the costs of preventive measures and further loss or damage caused by preventive measures.

7. “Preventive measures” means any reasonable measures taken by any person after an
incident has occurred to prevent or minimise pollution damage.

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