LIMITATION OF LIABILITY FOR MARITIME CLAIMSCentral

Section 197 of The Merchant Shipping Act, 2025

In this Chapter, unless the context otherwise requires, —

(a)“Bunker Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001;
(b)“bunker oil” means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil;
(c)“incident”, “person”, “pollution damage” and “preventive measures” shall have the meanings respectively assigned to them in clauses (a), (c), (d) and (e), of section 176;
(d)“registered owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, and in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, “registered owner” shall mean such company;
(e)“ship” means any sea-going vessel and seaborne craft of any type whatsoever;
(f)“ship owner” means the owner, including the registered owner, bareboat charterer, manager and operator of the ship.

Summary

In this Chapter, unless the context otherwise requires, (a) “Bunker Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001; (b) “bunker oil” means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation.

Practical examples

1A ship is using heavy diesel oil to run its main engine. If this oil leaks, it is defined as "bunker oil" under Section 197 because it is used for the propulsion of the vessel.

2A company is hired to manage a vessel and handle all its day to day operations. Under the definitions in Section 197, this management company counts as a "ship owner" and could be held liable for a fuel leak.

FAQ

1. What is the definition of "bunker oil" in The Merchant Shipping Act, 2025 Section 197?

Under Section 197 of the Act, bunker oil means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship.

2. Who is considered a "ship owner" for bunker spills under Section 197?

Section 197 of the Act defines a ship owner broadly to include the registered owner, the person who actually owns it, a bareboat charterer, the manager, or the operator.

3. Does a "ship" have to be a sea-going vessel according to Section 197?

Yes, Section 197 of the Act defines a ship as any sea-going vessel and seaborne craft of any type whatsoever.

4. What does "registered owner" mean if a ship is owned by a State under Section 197?

Under Section 197 of the Act, if a ship is owned by a State and operated by a company, that operating company is considered the "registered owner".

Test yourself

Q1.Under Section 197 of The Merchant Shipping Act, 2025, which of these is explicitly included in the definition of "bunker oil"?

Q2.Under Section 197 of The Merchant Shipping Act, 2025, which person is NOT included in the broad definition of "ship owner"?

Q3.Under Section 197 of The Merchant Shipping Act, 2025, where does the term "pollution damage" get its legal meaning?

Q4.Under Section 197 of The Merchant Shipping Act, 2025, a "ship" is defined as any seaborne craft of what type?

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LIMITATION OF LIABILITY FOR MARITIME CLAIMSCentral

Section 197 of The Merchant Shipping Act, 2025

In this Chapter, unless the context otherwise requires, —

(a)“Bunker Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001;
(b)“bunker oil” means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil;
(c)“incident”, “person”, “pollution damage” and “preventive measures” shall have the meanings respectively assigned to them in clauses (a), (c), (d) and (e), of section 176;
(d)“registered owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, and in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, “registered owner” shall mean such company;
(e)“ship” means any sea-going vessel and seaborne craft of any type whatsoever;
(f)“ship owner” means the owner, including the registered owner, bareboat charterer, manager and operator of the ship.