Liability of registered owner
Open ↗10.—(1) This section applies where —(a)
a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area; and
(b)
costs are incurred by the Director for locating, marking and removing the wreck under Part 3.
(2) Subject to subsections (3) and (4), the registered owner of the ship is liable for the Director’s costs.
(3) The registered owner of a ship is not liable for the Director’s costs if or to the extent that liability for the costs would conflict with —(a)
a convention listed in paragraph 1 of Article 11 of the Convention if Singapore is a party to the convention and the convention is in force in Singapore;
(b)
any enactment implementing such a convention; or
(c)
any other provision specified in an order made by the Authority, with the approval of the Minister, and published in the Gazette.
(4) The registered owner of a ship is not liable for the Director’s costs if the registered owner of the ship proves that an exception set out in paragraph 1(a), (b) or (c) of Article 10 of the Convention applies.
(5) Where the registered owner of each of 2 or more ships is liable for costs under this section but the costs for which each is liable cannot reasonably be separated, the registered owners are jointly liable for the total costs.
(6) For the purposes of this section, a reference to the registered owner of the ship is a reference to the registered owner of the ship involved in the maritime casualty resulting in the wreck at the time of the maritime casualty.
Restriction of liability for costs
Open ↗11. No claim for the costs mentioned in section 10(2) may be made against the registered owner of the ship otherwise than in accordance with the provisions of this Act.
Limitation of liability under section 10
Open ↗12. If a registered owner of a ship incurs liability under section 10, that liability may be limited in accordance with and in the manner provided in Part 8 of the Merchant Shipping Act 1995, as if paragraph 1(d) and (e) of Article 2 of the Convention on Limitation of Liability for Maritime Claims, 1976 has the force of law in Singapore.
Extinguishment of claims
Open ↗13. An action to recover costs incurred under section 10 may not be brought unless the action is commenced on or before the earlier of the following:(a)
the end of the period of 3 years after the date on which the notice by the Director is given under section 7;
(b)
the end of the period of 6 years after the date of the maritime casualty which resulted in the wreck.
Division 2 — Compulsory insurance
Application and interpretation of this Division
Open ↗14.—(1) This Division applies to a ship, other than an excluded ship, having a gross tonnage of 300 or above.
(2) In this Division —“covered by wreck removal insurance”, in respect of a ship, means that there is in force in respect of the ship wreck removal insurance;
“excluded ship” means a ship specified in the Second Schedule;
“foreign ship” means a ship other than a Singapore ship;
“wreck removal insurance” means a contract of insurance or other financial security satisfying the requirements of Article 12 of the Convention.
Compulsory insurance against liability for wreck removal
Open ↗15.—(1) A Singapore ship may not enter or leave a port in Singapore, or a port in a country other than Singapore, unless —(a)
the ship is covered by wreck removal insurance;
(b)
the Director has certified that the ship is covered by wreck removal insurance; and
(c)
a copy of the Director’s certificate is carried on board the ship.
(2) A foreign ship may not enter or leave a port in Singapore unless —(a)
the ship is covered by wreck removal insurance; and
(b)
there is carried on board the ship written evidence of paragraph (a).
(3) The master of a ship must —(a)
ensure that the certificate mentioned in subsection (1)(c) or the written evidence mentioned in subsection (2)(b) (as the case may be) is carried on board the ship; and
(b)
on demand, produce the certificate or the written evidence (as the case may be) to —(i)
any officer of the Authority; or
(ii)
any consular officer within the meaning of section 2(1) of the Merchant Shipping Act 1995.
(4) If —(a)
a Singapore ship enters or leaves, or a person attempts to navigate the ship into or out of, a port in Singapore or any other country in contravention of subsection (1); or
(b)
a foreign ship enters or leaves, or a person attempts to navigate the ship into or out of, a port in Singapore in contravention of subsection (2),
the master and the operator of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000.
(5) A master of a ship who fails to comply with subsection (3)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
(6) If a person attempts to navigate a ship into or out of a port in Singapore in contravention of subsection (4), the ship may be detained by —(a)
the Director;
(b)
an officer of the Authority;
(c)
a police officer; or
(d)
a commissioned officer on full pay in the Singapore Armed Forces.
(7) Section 209 of the Merchant Shipping Act 1995 applies to the detention of a ship under this Act with the necessary modifications.
(8) In this section, a reference to a port includes —(a)
in the case of a port in Singapore — any offshore facility in the territorial sea of Singapore; and
(b)
in the case of a port in a country other than Singapore — an offshore facility in the territorial sea of that country.
Issue of certificates
Open ↗16.—(1) The registered owner of a Singapore ship may apply to the Director for a certificate that the ship is covered by wreck removal insurance for the period for which the certificate will relate.
(2) Subject to subsection (3), the Director must issue the certificate upon an application under subsection (1) if the Director is satisfied that the ship is covered by wreck removal insurance for the period for which the certificate will relate.
(3) The Director may refuse to issue the certificate if the Director has any doubt as to —(a)
whether the obligations of the person providing the wreck removal insurance will be met; or
(b)
whether the insurance will satisfy the requirements of Article 12 of the Convention in all circumstances.
(4) The registered owner of a foreign ship registered in any country that is not a State Party may also apply to the Director for a certificate that the ship is covered by wreck removal insurance for the period for which the certificate will relate.
(5) The Director may, upon an application under subsection (4) —(a)
issue the certificate if the Director is satisfied that the ship is covered by wreck removal insurance for the period for which the certificate will relate; and
(b)
without prejudice to any other ground, refuse to issue the certificate on a ground mentioned in subsection (3).
(6) The Director must —(a)
maintain a record of any certificate issued under this section; and
(b)
make the record available for public inspection.
Rights of third parties against insurers
Open ↗17.—(1) This section applies where —(a)
a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area; and
(b)
at the time of the maritime casualty, the ship is covered by wreck removal insurance.
(2) If the registered owner of the ship is liable for the Director’s costs of locating, marking and removing the wreck under section 10, the Director may recover the costs from the person providing the wreck removal insurance (called in this section the insurer).
(3) It is a defence for the insurer in a claim under this section to prove that the maritime casualty was caused by the wilful misconduct of the registered owner of the ship.
(4) The insurer may also rely on any defences available to the registered owner of the ship.
(5) The insurer may limit its liability in respect of a claim made under this section in the same manner and to the same extent as the registered owner of the ship may limit its liability and may do so whether or not the maritime casualty resulted from any act or omission of the registered owner.
Division 3 — Supplementary
Jurisdiction of Singapore courts and registration of foreign judgments
Open ↗18. Section 3(1)(i) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability incurred by the registered owner of a ship under this Part.
Saving for recourse actions
Open ↗19. Nothing in this Part affects any claim, or the enforcement of any claim, that a person incurring any liability under this Part may have against another person in respect of that liability.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
