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LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SCHEDULE 1

SCHEDULE 1
Subsection  3(1) CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS,
1976 THE STATES PARTIES TO THIS CONVENTION,
HAVING RECOGNIZED the desirability of determining by agreement certain uniform
rules relating to the limitation of liability for maritime claims,
HAVE DECIDED to conclude a Convention for this purpose and have thereto agreed
as follows:
CHAPTER I. THE RIGHT OF LIMITATION
Article 1
Persons entitled to limit liability 1. Shipowners and salvors, as hereinafter
defined, may limit their liability in accordance with the rules of this
Convention for claims set out in Article 2. 2. The term "shipowner" shall mean
the owner, charterer, manager and operator of a seagoing ship. 3. Salvor shall
mean any person rendering services in direct connexion with salvage
operations. Salvage operations shall also include operations referred to in
Article 2, paragraph 1(d), (e) and (f). 4. If any claims set out in Article 2
are made against any person for whose act, neglect or default the shipowner or
salvor is responsible, such person shall be entitled to avail himself of the
limitation of liability provided for in this Convention. 5. In this Convention
the liability of a shipowner shall include liability in an action brought
against the vessel herself. 6. An insurer of liability for claims subject to
limitation in accordance with the rules of this Convention shall be entitled
to the benefits of this Convention to the same extent as the assured himself.
7. The act of invoking limitation of liability shall not constitute an
admission of liability.
Article 2
Claims subject to limitation 1. Subject to Articles 3 and 4 the following
claims, whatever the basis of liability may be, shall be subject to limitation
of liability:

   (a)  claims in respect of loss of life or personal injury or loss of or
        damage to property (including damage to harbour works, basins and
        waterways and aids to navigation), occurring on board or in direct
        connexion with the operation of the ship or with salvage operations,
        and consequential loss resulting therefrom;

   (b)  claims in respect of loss resulting from delay in the carriage by sea
        of cargo, passengers or their luggage;

   (c)  claims in respect of other loss resulting from infringement of rights
        other than contractual rights, occurring in direct connexion with the
        operation of the ship or salvage operations;

   (d)  claims in respect of the raising, removal, destruction or the
        rendering harmless of a ship which is sunk, wrecked, stranded or
        abandoned, including anything that is or has been on board such ship;

   (e)  claims in respect of the removal, destruction or the rendering
        harmless of the cargo of the ship;

   (f)  claims of a person other than the person liable in respect of measures
        taken in order to avert or minimize loss for which the person liable
        may limit his liability in accordance with this Convention, and
        further loss caused by such measures. 2. Claims set out in paragraph 1
        shall be subject to limitation of liability even if brought by way of
        recourse or for indemnity under a contract or otherwise. However,
        claims set out under paragraph 1 (d), (e) and (f) shall not be subject
        to limitation of liability to the extent that they relate to
        remuneration under a contract with the person liable.
Article 3
Claims excepted from limitation
The rules of this Convention shall not apply to:

   (a)  claims for salvage or contribution in general average;

   (b)  claims for oil pollution damage within the meaning of the
        International Convention on Civil Liability for Oil Pollution Damage,
        dated 29 November 1969 or of any amendment or Protocol thereto which
        is in force;

   (c)  claims subject to any international convention or national legislation
        governing or prohibiting limitation of liability for nuclear damage;

   (d)  claims against the shipowner of a nuclear ship for nuclear damage;

   (e)  claims by servants of the shipowner or salvor whose duties are
        connected with the ship or the salvage operations, including claims of
        their heirs, dependants or other persons entitled to make such claims,
        if under the law governing the contract of service between the
        shipowner or salvor and such servants the shipowner or salvor is not
        entitled to limit his liability in respect of such claims, or if he is
        by such law only permitted to limit his liability to an amount greater
        than that provided for in Article 6.
Article 4
Conduct barring limitation
A person liable shall not be entitled to limit his liability if it is proved
that the loss resulted from his personal act or omission, committed with the
intent to cause such loss, or recklessly and with knowledge that such loss
would probably result.
Article 5
Counterclaims
Where a person entitled to limitation of liability under the rules of this
Convention has a claim against the claimant arising out of the same
occurrence, their respective claims shall be set off against each other and
the provisions of this Convention shall only apply to the balance, if any.
CHAPTER II. LIMITS OF LIABILITY
Article 6
The general limits
1. The limits of liability for claims other than those mentioned in Article 7,
arising on any distinct occasion, shall be calculated as follows:

   (a)  in respect of claims for loss of life or personal injury,

        (i)    333,000 Units of Account for a ship with a tonnage not
               exceeding 500 tons,

        (ii)   for a ship with a tonnage in excess thereof, the following
               amount in addition to that mentioned in (i):
for each ton from 501 to 3,000 tons, 500 Units of Account;
for each ton from 3,001 to 30,000 tons, 333 Units of Account;
for each ton from 30,001 to 70,000 tons, 250 Units of Account; and
for each ton in excess of 70,000 tons, 167 Units of Account,

   (b)  in respect of any other claims,

        (i)    167,000 Units of Account for a ship with a tonnage not
               exceeding 500 tons,

        (ii)   for a ship with a tonnage in excess thereof the following
               amount in addition to that mentioned in (i):
for each ton from 501 to 30,000 tons, 167 Units of Account;
for each ton from 30,001 to 70,000 tons, 125 Units of Account; and
for each ton in excess of 70,000 tons, 83 Units of Account.
Limitation of Liability for Maritime Claims No. , 1989
Limitation of Liability for Maritime Claims No. , 1989
Limitation of Liability for Maritime Claims No. , 1989 2. Where the amount
calculated in accordance with paragraph 1 (a) is insufficient to pay the
claims mentioned therein in full, the amount calculated in accordance with
paragraph 1 (b) shall be available for payment of the unpaid balance of claims
under paragraph 1 (a) and such unpaid balance shall rank rateably with claims
mentioned under paragraph 1 (b). 3. However, without prejudice to the right of
claims for loss of life or personal injury according to paragraph 2, a State
Party may provide in its national law that claims in respect of damage to
harbour works, basins and waterways and aids to navigation shall have such
priority over other claims under paragraph 1 (b) as is provided by that law.
4. The limits of liability for any salvor not operating from any ship or for
any salvor operating solely on the ship to, or in respect of which he is
rendering salvage services, shall be calculated according to a tonnage of
1,500 tons. 5. For the purpose of this Convention the ship's tonnage shall be
the gross tonnage calculated in accordance with the tonnage measurement rules
contained in Annex I of the International Convention on Tonnage Measurement of
Ships, 1969.
Article 7
The limit for passenger claims 1. In respect of claims arising on any distinct
occasion for loss of life or personal injury to passengers of a ship, the
limit of liability of the shipowner thereof shall be an amount of 46,666 Units
of Account multiplied by the number of passengers which the ship is authorized
to carry according to the ship's certificate, but not exceeding 25 million
Units of Account. 2. For the purpose of this Article "claims for loss of life
or personal injury to passengers of a ship" shall mean any such claims brought
by or on behalf of any person carried in that ship:

   (a)  under a contract of passenger carriage, or

   (b)  who, with the consent of the carrier, is accompanying a vehicle or
        live animals which are covered by a contract for the carriage of
        goods.
Article 8
Unit of Account 1. The Unit of Account referred to in Articles 6 and 7 is the
Special Drawing Right as defined by the International Monetary Fund. The
amounts mentioned in Articles 6 and 7 shall be converted into the national
currency of the State in which limitation is sought, according to the value of
that currency at the date the limitation fund shall have been constituted,
payment is made, or security is given which under the law of that State is
equivalent to such payment. The value of a national currency in terms of the
Special Drawing Right, of a State Party which is a member of the International
Monetary Fund, shall be calculated in accordance with the method of valuation
applied by the International Monetary Fund in effect at the date in question
for its operations and transactions. The value of a national currency in terms
of the Special Drawing Right, of a State Party which is not a member of the
International Monetary Fund, shall be calculated in a manner determined by
that State Party. 2. Nevertheless, those States which are not members of the
International Monetary Fund and whose law does not permit the application of
the provisions of paragraph 1 may, at the time of signature without
reservation as to ratification, acceptance or approval or at the time of
ratification, acceptance, approval or accession or at any time thereafter,
declare that the limits of liability provided for in this Convention to be
applied in their territories shall be fixed as follows:

   (a)  in respect of Article 6, paragraph 1 (a) at an amount of:

        (i)    5 million monetary units for a ship with a tonnage not
               exceeding 500 tons;

        (ii)   for a ship with a tonnage in excess thereof, the following
               amount in addition to that mentioned in (i):
for each ton from 501 to 3,000 tons, 7,500 monetary units;
for each ton from 3,001 to 30,000 tons, 5,000 monetary units;
for each ton from 30,001 to 70,000 tons, 3,750 monetary units; and
for each ton in excess of 70,000 tons, 2,500 monetary units; and

   (b)  in respect of Article 6, paragraph 1 (b), at an amount of:

        (i)    2.5 million monetary units for a ship with a tonnage not
               exceeding 500 tons;

        (ii)   for a ship with a tonnage in excess thereof, the following
               amount in addition to that mentioned in (i):
for each ton from 501 to 30,000 tons, 2,500 monetary units;
for each ton from 30,001 to 70,000 tons, 1,850 monetary units; and
for each ton in excess of 70,000 tons, 1,250 monetary units; and

   (c)  in respect of Article 7, paragraph 1, at an amount of 700,000 monetary
        units multiplied by the number of passengers which the ship is
        authorized to carry according to its certificate, but not exceeding
        375 million monetary units. Paragraphs 2 and 3 of Article 6 apply
        correspondingly to sub-paragraphs (a) and (b) of this paragraph. 3.
        The monetary unit referred to in paragraph 2 corresponds to sixty-five
        and a half milligrammes of gold of millesimal fineness nine hundred.
        The conversion of the amounts referred to in paragraph 2 into the
        national currency shall be made according to the law of the State
        concerned. 4. The calculation mentioned in the last sentence of
        paragraph 1 and the conversion mentioned in paragraph 3 shall be made
        in such a manner as to express in the national currency of the State
        Party as far as possible the same real value for the amounts in
        Articles 6 and 7 as is expressed there in units of account. States
        Parties shall communicate to the depositary the manner of calculation
        pursuant to paragraph 1, or the result of the conversion in paragraph
        3, as the case may be, at the time of the signature without
        reservation as to ratification, acceptance or approval, or when
        depositing an instrument referred to in Article 16 and whenever there
        is a change in either.
Article 9
Aggregation of claims 1. The limits of liability determined in accordance with
Article 6 shall apply to the aggregate of all claims which arise on any
distinct occasion:

   (a)  against the person or persons mentioned in paragraph 2 of Article 1
        and any person for whose act, neglect or default he or they are
        responsible; or

   (b)  against the shipowner of a ship rendering salvage services from that
        ship and the salvor or salvors operating from such ship and any person
        for whose act, neglect or default he or they are responsible; or

   (c)  against the salvor or salvors who are not operating from a ship or who
        are operating solely on the ship to, or in respect of which, the
        salvage services are rendered and any person for whose act, neglect or
        default he or they are responsible. 2. The limits of liability
        determined in accordance with Article 7 shall apply to the aggregate
        of all claims subject thereto which may arise on any distinct occasion
        against the person or persons mentioned in paragraph 2 of Article 1 in
        respect of the ship referred to in Article 7 and any person for whose
        act, neglect or default he or they are responsible.
Article 10
Limitation of liability without constitution of a limitation fund 1.
Limitation of liability may be invoked notwithstanding that a limitation fund
as mentioned in Article 11 has not been constituted. However, a State Party
may provide in its national law that, where an action is brought in its Courts
to enforce a claim subject to limitation, a person liable may only invoke the
right to limit liability if a limitation fund has been constituted in
accordance with the provisions of this Convention or is constituted when the
right to limit liability is invoked. 2. If limitation of liability is invoked
without the constitution of a limitation fund, the provisions of Article 12
shall apply correspondingly. 3. Questions of procedure arising under the rules
of this Article shall be decided in accordance with the national law of the
State Party in which action is brought.
CHAPTER III. THE LIMITATION FUND
Article 11
Constitution of the fund 1. Any person alleged to be liable may constitute a
fund with the Court or other competent authority in any State Party in which
legal proceedings are instituted in respect of claims subject to limitation.
The fund shall be constituted in the sum of such of the amounts set out in
Articles 6 and 7 as are applicable to claims for which that person may be
liable, together with interest thereon from the date of the occurrence giving
rise to the liability until the date of the constitution of the fund. Any fund
thus constituted shall be available only for the payment of claims in respect
of which limitation of liability can be invoked. 2. A fund may be constituted,
either by depositing the sum, or by producing a guarantee acceptable under the
legislation of the State Party where the fund is constituted and considered to
be adequate by the Court or other competent authority. 3. A fund constituted
by one of the persons mentioned in paragraph 1 (a), (b) or (c) or paragraph 2
of Article 9 or his insurer shall be deemed constituted by all persons
mentioned in paragraph 1 (a), (b) or (c) or paragraph 2, respectively.
Article 12
Distribution of the fund 1. Subject to the provisions of paragraphs 1, 2 and 3
of Article 6 and of Article 7, the fund shall be distributed among the
claimants in proportion to their established claims against the fund. 2. If,
before the fund is distributed, the person liable, or his insurer, has settled
a claim against the fund such person shall, up to the amount he has paid,
acquire by subrogation the rights which the person so compensated would have
enjoyed under this Convention. 3. The right of subrogation provided for in
paragraph 2 may also be exercised by persons other than those therein
mentioned in respect of any amount of compensation which they may have paid,
but only to the extent that such subrogation is permitted under the applicable
national law. 4. Where the person liable or any other person establishes that
he may be compelled to pay, at a later date, in whole or in part any such
amount of compensation with regard to which such person would have enjoyed a
right of subrogation pursuant to paragraphs 2 and 3 had the compensation been
paid before the fund was distributed, the Court or other competent authority
of the State where the fund has been constituted may order that a sufficient
sum shall be provisionally set aside to enable such person at such later date
to enforce his claim against the fund.
Article 13
Bar to other actions 1. Where a limitation fund has been constituted in
accordance with Article 11, any person having made a claim against the fund
shall be barred from exercising any right in respect of such claim against any
other assets of a person by or on behalf of whom the fund has been
constituted. 2. After a limitation fund has been constituted in accordance
with Article 11, any ship or other property, belonging to a person on behalf
of whom the fund has been constituted, which has been arrested or attached
within the jurisdiction of a State Party for a claim which may be raised
against the fund, or any security given, may be released by order of the Court
or other competent authority of such State. However, such release shall always
be ordered if the limitation fund has been constituted:

   (a)  at the port where the occurrence took place, or, if it took place out
        of port, at the first port of call thereafter; or

   (b)  at the port of disembarkation in respect of claims for loss of life or
        personal injury; or

   (c)  at the port of discharge in respect of damage to cargo; or

   (d)  in the State where the arrest is made. 3. The rules of paragraphs 1
        and 2 shall apply only if the claimant may bring a claim against the
        limitation fund before the Court administering that fund and the fund
        is actually available and freely transferable in respect of that
        claim. Article 14
Governing law
Subject to the provisions of this Chapter the rules relating to the
constitution and distribution of a limitation fund, and all rules of procedure
in connexion therewith, shall be governed by the law of the State Party in
which the fund is constituted.
CHAPTER IV. SCOPE OF APPLICATION
Article 15 1. This Convention shall apply whenever any person referred to in
Article 1 seeks to limit his liability before the Court of a State Party or
seeks to procure the release of a ship or other property or the discharge of
any security given within the jurisdiction of any such State. Nevertheless,
each State Party may exclude wholly or partially from the application of this
Convention any person referred to in Article 1 who at the time when the rules
of this Convention are invoked before the Courts of that State does not have
his habitual residence in a State Party or does not have his principal place
of business in a State Party or any ship in relation to which the right of
limitation is invoked or whose release is sought and which does not at the
time specified above fly the flag of a State Party. 2. A State Party may
regulate by specific provisions of national law the system of limitation of
liability to be applied to vessels which are:

   (a)  according to the law of that State, ships intended for navigation on
        inland waterways;

   (b)  ships of less than 300 tons. A State Party which makes use of the
        option provided for in this paragraph shall inform the depositary of
        the limits of liability adopted in its national legislation or of the
        fact that there are none. 3. A State Party may regulate by specific
        provisions of national law the system of limitation of liability to be
        applied to claims arising in cases in which interests of persons who
        are nationals of other States Parties are in no way involved. 4. The
        Courts of a State Party shall not apply this Convention to ships
        constructed for, or adapted to, and engaged in, drilling:

   (a)  when that State has established under its national legislation a
        higher limit of liability than that otherwise provided for in Article
        6; or

   (b)  when that State has become party to an international convention
        regulating the system of liability in respect of such ships. In a case
        to which sub-paragraph (a) applies that State Party shall inform the
        depositary accordingly. 5. This Convention shall not apply to:

   (a)  air-cushion vehicles;

   (b)  floating platforms constructed for the purpose of exploring or
        exploiting the natural resources of the sea-bed or the subsoil
        thereof.
CHAPTER V. FINAL CLAUSES
Article 16
Signature, ratification and accession 1. This Convention shall be open for
signature by all States at the Headquarters of the Inter-Governmental Maritime
Consultative Organization (hereinafter referred to as "the Organization") from
1 February 1977 until 31 December 1977 and shall thereafter remain open for
accession. 2. All States may become parties to this Convention by:

   (a)  signature without reservation as to ratification, acceptance or
        approval; or

   (b)  signature subject to ratification, acceptance or approval followed by
        ratification, acceptance or approval; or

   (c)  accession. 3. Ratification, acceptance, approval or accession shall be
        effected by the deposit of a formal instrument to that effect with the
        Secretary-General of the Organization (hereinafter referred to as "the
        Secretary-General").
Article 17
Entry into force 1. This Convention shall enter into force on the first day of
the month following one year after the date on which twelve States have either
signed it without reservation as to ratification, acceptance or approval or
have deposited the requisite instruments of ratification, acceptance, approval
or accession. 2. For a State which deposits an instrument of ratification,
acceptance, approval or accession, or signs without reservation as to
ratification, acceptance or approval, in respect of this Convention after the
requirements for entry into force have been met but prior to the date of entry
into force, the ratification, acceptance, approval or accession or the
signature without reservation as to ratification, acceptance or approval,
shall take effect on the date of entry into force of the Convention or on the
first day of the month following the ninetieth day after the date of the
signature or the deposit of the instrument, whichever is the later date. 3.
For any State which subsequently becomes a Party to this Convention, the
Convention shall enter into force on the first day of the month following the
expiration of ninety days after the date when such State deposited its
instrument. 4. In respect of the relations between States which ratify,
accept, or approve this Convention or accede to it, this Convention shall
replace and abrogate the International Convention relating to the Limitation
of the Liability of Owners of Sea-going Ships, done at Brussels on 10 October
1957, and the International Convention for the Unification of certain Rules
relating to the Limitation of Liability of the Owners of Sea-going Vessels,
signed at Brussels on 25 August 1924.
Article 18
Reservations 1. Any State may, at the time of signature, ratification,
acceptance, approval or accession, reserve the right to exclude the
application of Article 2 paragraph 1 (d) and (e). No other reservations shall
be admissible to the substantive provisions of this Convention. 2.
Reservations made at the time of signature are subject to confirmation upon
ratification, acceptance or approval. 3. Any State which has made a
reservation to this Convention may withdraw it at any time by means of a
notification addressed to the Secretary-General. Such withdrawal shall take
effect on the date the notification is received. If the notification states
that the withdrawal of a reservation is to take effect on a date specified
therein, and such date is later than the date the notification is received by
the Secretary-General, the withdrawal shall take effect on such later date.
Article 19
Denunciation 1. This Convention may be denounced by a State Party at any time
after one year from the date on which the Convention entered into force for
that Party. 2. Denunciation shall be effected by the deposit of an instrument
with the Secretary-General. 3. Denunciation shall take effect on the first day
of the month following the expiration of one year after the date of deposit of
the instrument, or after such longer period as may be specified in the
instrument.
Article 20
Revision and amendment 1. A Conference for the purpose of revising or amending
this Convention may be convened by the Organization. 2. The Organization shall
convene a Conference of the States Parties to this Convention for revising or
amending it at the request of not less than one-third of the Parties. 3. After
the date of the entry into force of an amendment to this Convention, any
instrument of ratification, acceptance, approval or accession deposited shall
be deemed to apply to the Convention as amended, unless a contrary intention
is expressed in the instrument.
Article 21
Revision of the limitation amounts and
of Unit of Account or monetary unit 1. Notwithstanding the provisions of
Article 20, a Conference only for the purposes of altering the amounts
specified in Articles 6 and 7 and in Article 8, paragraph 2, or of
substituting either or both of the Units defined in Article 8, paragraphs 1
and 2, by other units shall be convened by the Organization in accordance with
paragraphs 2 and 3 of this Article. An alteration of the amounts shall be made
only because of a significant change in their real value. 2. The Organization
shall convene such a Conference at the request of not less than one fourth of
the States Parties. 3. A decision to alter the amounts or to substitute the
Units by other units of account shall be taken by a two-thirds majority of the
States Parties present and voting in such Conference. 4. Any State depositing
its instrument of ratification, acceptance, approval or accession to the
Convention, after entry into force of an amendment, shall apply the Convention
as amended.
Article 22
Depositary 1. This Convention shall be deposited with the Secretary-General.
2. The Secretary-General shall:

   (a)  transmit certified true copies of this Convention to all States which
        were invited to attend the Conference on Limitation of Liability for
        Maritime Claims and to any other States which accede to this
        Convention;

   (b)  inform all States which have signed or acceded to this Convention of:

        (i)    each new signature and each deposit of an instrument and any
               reservation thereto together with the date thereof;

        (ii)   the date of entry into force of this Convention or any
               amendment thereto;

        (iii)  any denunciation of this Convention and the date on which it
               takes effect;

        (iv)   any amendment adopted in conformity with Articles 20 or 21;

        (v)    any communication called for by any Article of this Convention.
               3. Upon entry into force of this Convention, a certified true
               copy thereof shall be transmitted by the Secretary-General to
               the Secretariat of the United Nations for registration and
               publication in accordance with Article 102 of the Charter of
               the United Nations.
Article 23
Languages
This Convention is established in a single original in the English, French,
Russian and Spanish languages, each text being equally authentic.
DONE AT LONDON this nineteenth day of November one thousand nine hundred and
seventy-six.
IN WITNESS WHEREOF the undersigned being duly authorized for that purpose have
signed this Convention. 


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