The Merchant Shipping (Oil Pollution) (Belize) Order 1975

Article 4 —paragraphs 4, 5 and 6 4 a Except as otherwise provided in sub-paragraph (b) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the Liability Convention for pollution damage caused in the territory of the Contracting States, including any sums in respect of which the Fund is under an obligation to indemnify the owner pursuant to Article 5, paragraph 1, of this Convention, shall not exceed 450 million francs. b The aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 450 million francs. 5 Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under the Liability Convention and this Convention shall be the same for all claimants. 6 The Assembly of the Fund may, having regard to the experience of incidents which have occurred and in particular the amount of damage resulting therefrom and to changes in the monetary values, decide that the amount of 450 million francs referred to in paragraph 4, sub-paragraph (a) and (b), shall be changed; provided, however, that this amount shall in no case exceed 900 million fracts or be lower than 450 million francs. The changed amount shall apply to incidents which occur after the date of the decision effecting the change.

Signed

N. E. Leigh

Explanatory note

EXPLANATORY NOTE

This Order extends to Belize the provisions of the Merchant Shipping (Oil Pollution) Act 1971, with the necessary adaptations, enabling effect to be given to the International Convention on Civil Liability for Oil Pollution Damage opened for signature in Brussels on 29th November 1969 (Cmnd. 4403). The Order also extends the provisions of Parts I and V of, and of Schedule 1 to the Merchant Shipping Act 1974, with the necessary adaptations, enabling effect to be given to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage opened for signature in Brussels on 18th December 1971 (Cmnd. 5061). The 1969 Convention provides uniform rules and procedures for determining questions of liability and for awarding compensation when damage is caused by pollution resulting from the escape or discharge of oil from ships. The 1971 Convention sets up an international fund to provide a supplementary system for compensation and indemnification for such damage.

Footnotes

[^f00001]: Laws of British Honduras Revised Ed. 1958, Cap. 8.

[^f00002]: Cmnd. 4403.

[^f00003]: Cmnd. 5061.

[^f00004]: Laws of British Honduras Revised Ed. 1958, Cap. 8.