Marine Liability Act — M-0.7 56
ith paragraph 5. 7 The Assembly of the HNS Fund may decide that, in exceptional cases, compensation in accordance with this Convention can be paid even if the owner has not constituted a fund in accordance with chapter II. In such cases paragraph 5(d) applies accordingly. Related tasks of the HNS Fund Article 15 For the purpose of fulfilling its function under article 13, paragraph 1(a), the HNS Fund shall have the following tasks (a) to consider claims made against the HNS Fund; (b) to prepare an estimate in the form of a budget for each calendar year of: Expenditure: (i) costs and expenses of the administration of the HNS Fund in the relevant year and any deficit from operations in the preceding years; and (ii) payments to be made by the HNS Fund in the relevant year; Income: (iii) surplus funds from operations in preceding years, including any interest; (iv) initial contributions to be paid in the course of the year; (v) annual contributions if required to balance the budget; and (vi) any other income; (c) to use at the request of a State Party its good offices as necessary to assist that State to secure promptly such personnel, material and services as are necessary to enable the State to take measures to prevent or mitigate damage arising from an incident in respect of which the HNS Fund may be called upon to pay compensation under this Convention; and (d) to provide, on conditions laid down in the internal regulations, credit facilities with a view to the taking of preventive measures against damage arising from a particular incident in respect of which the HNS Fund may be called upon to pay compensation under this Convention. General provisions on contributions Article 16 1 The HNS Fund shall have a general account, which shall be divided into sectors. 2 The HNS Fund shall, subject to article 19, paragraphs 3 and 4, also have separate accounts in respect of: (a) oil as defined in article 1, paragraph 5(a)(i) (oil account); (b) liquefied natural gases of light hydrocarbons with methane as the main constituent (LNG) (LNG account); and (c) liquefied petroleum gases of light hydrocarbons with propane and butane as the main constituents (LPG) (LPG account). 3 There shall be initial contributions and, as required, annual contributions to the HNS Fund. 4 Contributions to the HNS Fund shall be made into the general account in accordance with article 18, to separate accounts in accordance with article 19 and to either the general account or separate accounts in accordance with article 20 or article 21, paragraph 5. Subject to article 19, paragraph 6, the general account shall be available to compensate damage caused by hazardous and noxious substances covered by that account, and a separate account shall be available to compensate damage caused by a hazardous and noxious substance covered by that account. 5 For the purposes of article 18, article 19, paragraph 1(a)(i), paragraph 1(a)(ii) and paragraph 1(b), article 20 and article 21, paragraph 5, where the quantity of a given type of contributing cargo received in the territory of a State Party by any person in a calendar year when aggregated with the quantities of the same type of cargo received in the same State Party in that year by any associated person or persons exceeds the limit specified in the respective subparagraphs, such a person shall pay contributions in respect of the actual quantity received by that person notwithstanding that that quantity did not exceed the respective limit. 6 Associated person means any subsidiary or commonly controlled entity. The question whether a person comes within this definition shall be determined by the national law of the State concerned. General provisions on annual contributions Article 17 1 Annual contributions to the general account and to each separate account shall be levied only as required to make payments by the account in question. 2 Annual contributions payable pursuant to articles 18, 19 and article 21, paragraph 5, shall