Marine Liability Act — M-0.7 1
stances referred to in article 1, paragraph 5(a)(iv). 6 Damage means: (a) loss of life or personal injury on board or outside the ship carrying the hazardous and noxious substances caused by those substances; (b) loss of or damage to property outside the ship carrying the hazardous and noxious substances caused by those substances; (c) loss or damage by contamination of the environment caused by the hazardous and noxious substances, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and (d) the costs of preventive measures and further loss or damage caused by preventive measures. Where it is not reasonably possible to separate damage caused by the hazardous and noxious substances from that caused by other factors, all such damage shall be deemed to be caused by the hazardous and noxious substances except if, and to the extent that, the damage caused by other factors is damage of a type referred to in article 4, paragraph 3. In this paragraph, caused by those substances means caused by the hazardous or noxious nature of the substances. 7 Preventive measures means any reasonable measures taken by any person after an incident has occurred to prevent or minimize damage. 8 Incident means any occurrence or series of occurrences having the same origin, which causes damage or creates a grave and imminent threat of causing damage. 9 Carriage by sea means the period from the time when the hazardous and noxious substances enter any part of the ship’s equipment, on loading, to the time they cease to be present in any part of the ship’s equipment, on discharge. If no ship’s equipment is used, the period begins and ends respectively when the hazardous and noxious substances cross the ship’s rail. 10 Contributing cargo means any bulk HNS which is carried by sea as cargo to a port or terminal in the territory of a State Party and discharged in that State. Cargo in transit which is transferred directly, or through a port or terminal, from one ship to another, either wholly or in part, in the course of carriage from the port or terminal of original loading to the port or terminal of final destination shall be considered as contributing cargo only in respect of receipt at the final destination. 11 The HNS Fund means the International Hazardous and Noxious Substances Fund established under article 13. 12 Unit of account means the Special Drawing Right as defined by the International Monetary Fund. 13 State of the ship’s registry means in relation to a registered ship the State of registration of the ship, and in relation to an unregistered ship the State whose flag the ship is entitled to fly. 14 Terminal means any site for the storage of hazardous and noxious substances received from waterborne transportation, including any facility situated off-shore and linked by pipeline or otherwise to such site. 15 Director means the Director of the HNS Fund. 16 Organization means the International Maritime Organization. 17 Secretary-General means the Secretary-General of the Organization.