Marine Pollution Prevention Act 1981 · පනවන ලද පරිදි · Part III · Prevention of Pollution—Crvil Liability
7. Special defences
ප්රතිචාර සහ සහායනිල ඉංග්රීසි පරිවර්තනය. එය සිංහල හෝ දෙමළ පාඨයට වඩා වෙනස් නම් බලපවත්වන පාඨය කුමක්දැයි පනතේම සඳහන් වේ.
Where an action is brought against any person under section 6, it shall be a defence to prove that the discharge, escape or dumping, as the case may be, resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character.
dumping
“dumping” means any deliberate disposal of any matter into the sea and includes putting, throwing, casting or depositing;
Limitation of Viability.
8 (1) (a)The liability in respect of any one incident under section 6 shall be limited to an aggrezate amount of seven thousand two hundred and ten rupees (or its equivalent in terms of special drawing rights held in the special drawing rights department of the International
Monetary Fund) for each metric tonne of the ship’s tonnage.
ship
“ ship” means a vessel of any type whatsoever operating in the marine environment and includes fishing trawlers, hydrafoil boats, aircyshion vehicles, submersibles.barges, floating-craft and fixed or floating platforms without regard to the method of or the lack of propulsion; °
The maximum lability incurred by the owner or ope-rator of a ship or the owner or person in charge of an apparatus or the owner or occupier of an off-share installa-tion, pipe line, or place on land, as the case may be, under this Fes. cf this Act shall be limited to an aggregate amount of seven hundred and fifty million rupees (cr its equivalent in texms cf special drawing rights held in the special draw-ing richts department of the Internattanal Moxctary Pund).
owner
“ owner” means the person registered as the owner or in the absence of registration, the person owning or in possession;
If any act referred to in section 6 oceurrs due to the negligence of the owner, or operator of a ship, or the owner or person in charge of an apparatus, or the owner or oceupier of an off-shore installation, pipe line or ploce
off-shore installation
“ off-shore installation” includes— (a) any installation or device (whether permanent or temporary) constructed, erected, placed or used in or on or above the sea-bed and sub-soil of Sri Lanka waters, (b) any installation or device (whether permanent or temporary) constructed, erected, placed or used in or above the sea-bed and sub-soil of the continental shelf in connection with the exploitation of the natural resources thereof, {c) anything afloat (other than a ship) if it is anchored or attached to the bed or shore of any Sri Lanka waters or if it is anchored to the bed of the waters over the continental shelf in connection with exploration for and exploitation of the natural resources thereof, (d) any installation or device constructed, erected, placed or used in or above the sea-bed and sub-soil of Sri Lanka waters or of the conti-nental shelf in connection with any scientific research activity, (e) any structure connecting an off-shore installa-tion with any other off-shore installation;
Marine Pollution Prevention on land, as the case may be, such person shall not be entitled to avail himself of the limitations provided in subsection (1)
of this section.
.
In this section “ship’s tonnage” means the gross ton-nage of the ship.