Sri Lanka Consolidated Acts

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Marine Pollution Prevention Act (No. 59 of 1981) - Sect 6

civil liability

6.
(1) Where any act referred to in section 3 or section 4, results in polluting Sri Lanka waters or of the fore-shore, the owner or the operator of the ship or the owner or the person in charge of the apparatus or the owner or the occupier of the off-shore installation, or the owner of the pipe line, as the case may be, shall be liable for"
(a) any damage caused by the discharge, escape or dumping of any oil or other pollutant to Sri Lanka waters or to the fore-shore or any interests related thereto;
(b) the costs of any measures taken for the purpose of preventing, reducing or removing any damage caused by the discharge, escape or dumping of any oil or other pollutant into Sri Lanka waters or the fore-shore, or any interests related thereto.
(2) In this section, interests related to Sri Lanka waters or the fore-shore include"
(a) marine, coastal, port or estuaring activities including fisheries activities ;
(b) the promotion of tourism and the preservation and development of tourist attractions in Sri Lanka waters or on the fore-shore including beaches and coral reefs;
(c) the health of the coastal population and their well- being ;
(d) the protection and conservation of living marine re- sources and of wild life.
(3) Where any oil or other pollutant is discharged or escapes or is dumped from two or more ships and liability is incurred under this section by the owner or the operator of each ship and the damage or costs for which each owner or operator is liable cannot reasonably be separated from that for which the other or others is or are liable, each owner or operator shall be liable, jointly and severally with the other or others for the whole of the damage or costs for which the owner or the operator would be liable under this section.


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