SINGAPORE Law and Practice Contributed by: Mathiew Christophe Rajoo, Probin Dass and Tan Hui Tsing, DennisMathiew
Liability for Oil Pollution Damage, 1992 and to the International Convention on the Establish - ment of an International Fund for Compensa - tion for Oil Pollution Damage, 1992 – addresses liability for oil pollution. The Merchant Shipping (Civil Liability and Compensation for Bunker Oil Production) Act (Cap 180) – which was enacted to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 – prescribes the penalty for bunker oil pol - lution. 2.2 International Conventions: Collision and Salvage Collision The Merchant Shipping (Prevention of Collisions at Sea) Regulations incorporate the Internation - al Regulations for Preventing Collisions at Sea, 1972, the latter being set out in the Schedule to the Merchant Shipping (Prevention of Collisions at Sea) Regulations. The rules contained in the International Regu - lations for Preventing Collisions at Sea, 1972 apply to all vessels upon the high seas and in all waters connected therewith navigable by seago - ing vessels. Salvage The statute regulating salvage of vessels in Sin - gapore is to be found in Part 9 of the Merchant Shipping Act (Cap 179). With effect from 24 July 2021, the Merchant Shipping Act was amended to implement the International Convention on Salvage, 1989, except for salvage pertaining to the following: • fixed or floating platforms, or mobile offshore drilling units when such platforms or units are on location engaged in the exploration,
exploitation or production of seabed mineral resources; and • warships or other non-commercial vessels owned or operated by a state and entitled, at the time of salvage operations, to sovereign immunity under generally recognised prin - ciples of international law unless that state decides otherwise. 2.3 1976 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Maritime Claims (the “LLMC 1976”) is appli - cable in Singapore. Singapore has also ratified the LLMC 1996 Protocol, including the 2012 Amendments (other than paragraphs 1(d) and 1(e) of Article 2 of the Convention). The applica - ble limits will be those of the 2012 Amendments. The applicable limits came into operation on 29 December 2019, applying to liability arising out of any occurrence that took place after 29 December 2019. 2.4 Procedure and Requirements for Establishing a Limitation Fund Article 11(2) of the LLMC 1976 permits the con - stitution of a limitation fund, either by depositing the sum or by producing a guarantee acceptable under the legislation of the state party where the fund is constituted and considered to be ade - quate by the court or other competent authority. Pursuant to amendments to the Rules of Court in 2018, a party wishing to constitute a limitation fund can do so by making payment into court under an order of the court, or by producing a letter of undertaking (LOU) from a protection and indemnity (P&I) club acceptable to the court (Order 33 Rule 37 of the Rules of Court 2021). This brings Singapore in line with the UK posi - tion. The limitation fund can be set up by the “ship-owner” as defined in Article 1 of the Con -
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