Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)

11. Exemption in respect of warships or tankers used in the service of a state
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(1)The provisions of section 9(1) shall not apply in respect of any warship or in respect of any tanker for the time being used exclusively in the service of any state for other than commercial purposes.

 

(2)In relation to a tanker owned by a state and for the time being used for commercial purposes, section 13(1) shall be deemed to have been complied with if there is in force in respect of such tanker a certificate, issued by the government of such state, in which it is stated that the tanker is owned by that state and that any liability which may be incurred in connection with such tanker by virtue of the provisions of section 9(1) will be met by the government concerned to the extent of the aggregate amount contemplated in section 9(5).

 

(3)Every Convention State shall, for the purposes of any legal proceedings brought in a court referred to in section 20(1) to enforce a claim in respect of a liability incurred under section 9(1) as a result of a discharge of oil from a tanker referred to in subsection (2), be deemed to have submitted to the jurisdiction of that court: Provided that nothing in this subsection contained shall authorize the issue of execution against the property of any Convention State.