Section 352H:
Definitions.
1[352H. Definitions.In this Part, unless the context otherwise requires,--
(a) "incident" means any occurrence, or series of occurrences having the same origin, which
causes pollution damage or creates a grave and imminent threat of causing such damage;
(b) "liability convention" means the International Convention on Civil Liability for Oil
Pollution Damage, 1992 as amended from time to time;
(c) "oil" means any persistent hydro carbon mineral oil such as crude oil, fuel oil, heavy
diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship;
(d) "owner" means--
(i) the person registered as owner of the ship;
(ii) in the absence of registration, the person owning the ship; or
(iii) in the case of a ship owned by a foreign State, the person registered in that State as
operator of the ship;
(e) "person" means any individual or partnership or any public or private body, whether
corporate or not, including a state or any of its constituent sub-divisions;
(f) "pollution damage" means--
(i) loss or damage caused outside the ship by contamination resulting from escape or
discharge of oil from the ship, wherever such escape or discharge occurs, provided that
compensation for impairment of the environment other than losses or profit from such
impairment shall be limited to costs of reasonable measures of reinstatement actually
undertaken or to be undertaken;
(ii) the costs of preventive measures and further loss or damage caused by such
measures;
(g) "preventive measures" means any reasonable measures taken by any person after the
incident to prevent or minimise pollution damage;
(h) "ship" means any sea-going vessel and sea borne craft of any type whatsoever constructed
or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and
other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and
during any voyage following such carriage unless it is proved that it has no residues of such
carriage of oil in bulk aboard;
(i) "State of the ship's registry", in relation to registered or unregistered ships, means the State
of registration of the ship, or as the case may be, the State whose flag the ship is flying.]
Notes:
1 . Subs. by Act 63 of 2002, s. 23, for section 352H (w.e.f. 1-2-2003).