Document ID: chunk:federal_register_of_legislation:C2016C00871:schedule:1:p6
Version: federal_register_of_legislation:C2016C00871
Segment Type: schedule
Provision Reference: sch 1 (pt 6/15)
Character Range: 49264–51926

owner and his guarantor if the Fund proves that as a result of the actual fault or privity of the owner:
    (a) the ship from which the oil causing the pollution damage escaped did not comply with the requirements laid down in:
         (i) the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended in 1962; or
         (ii) the International Convention for the Safety of Life at Sea, 1960; or
         (iii) the International Convention on Load Lines, 1966; or
         (iv) the International Regulations for Preventing Collisions at Sea, 1960; or
         (v) any amendments to the above‑mentioned Conventions which have been determined as being of an important nature in accordance with Article XVI(5) of the Convention mentioned under (i), Article IX(e) of the Convention mentioned under (ii) or Article 29(3)(d) or (4)(d) of the Convention mentioned under (iii), provided, however, that such amendments had been in force for at least twelve months at the time of the incident;
    and
    (b) the incident or damage was caused wholly or partially by such non‑compliance.

The provisions of this paragraph shall apply irrespective of whether the Contracting State in which the ship was registered or whose flag it was flying is a Party to the relevant Instrument.

4. Upon the entry into force of a new Convention designed to replace, in whole or in part, any of the Instruments specified in paragraph 3, the Assembly may decide at least six months in advance a date on which the new Convention will replace such Instrument or part thereof for the purpose of paragraph 3. However, any State Party to this Convention may declare to the Director before that date that it does not accept such replacement; in which case the decision of the Assembly shall have no effect in respect of a ship registered in, or flying the flag of, that State at the time of the incident. Such a declaration may be withdrawn at any later date and shall in any event cease to have effect when the State in question becomes a party to such new Convention.

5. A ship complying with the requirements in an amendment to an Instrument specified in paragraph 3 or with requirements in a new Convention, where the amendment or Convention is designed to replace in whole or in part such Instrument, shall be considered as complying with the requirements in the said Instrument for the purposes of paragraph 3.

6. Where the Fund, acting as a guarantor by virtue of paragraph 2, has paid compensation for pollution damage in accordance with the Liability Convention, it shall have a right of recovery from the owner if and to the extent that the Fund