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Chapter Law Content

Title: Marine Pollution Control Act CH
Category: Ocean Affairs Council(海洋委員會)
Chapter 7 Liability and Remedy
Article 35
For the costs incurred in adopting emergency measures and performing clean-up and disposal work, relevant government agencies may claim compensation under this Act, including the following:
1. The costs of taking measures to prevent, monitor, remove or mitigate marine pollution;
2. The costs of carrying out marine or coastal environment improvement and monitoring;
3. The costs of conducting marine quality monitoring and damage surveys in the event of marine pollution;
4. The costs of sampling and analyzing oil products and pollutants;
5. The costs of cleaning up and disposing of marine litter arising from marine pollution incidents;
6. The review, consultation and travel expenses of domestic and overseas experts;
7. The costs of overtime, travel, meals, postage, fuel, hire of vehicles, and rental of accommodation, etc., for personnel carrying out emergency measures, clean-up and disposal work.
Article 36
The shipowner shall bear liability for compensation for the damage caused by the pollution of the sea by a ship.
The shipowner of a ship with a gross tonnage of over 400 tons or of an oil tanker or chemical tanker with a gross tonnage of over 150 tons shall purchase liability insurance or provide a guarantee based on the gross tonnage of the ship and may neither suspend nor terminate the insurance or guarantee.
The central competent authority in consultation with the Financial Supervisory Commission shall determine the amount of the liability insurance coverage or guarantee in the foregoing paragraph.
Article 37
Claimants for compensation for marine pollution damage may seek compensation directly from the liability insurer or seek to secure the guarantee as compensation.
Article 38
The competent authority may order a foreign flag ship that has not established a branch office by law in the R.O.C. to berth at a port in the nation, prohibit it from sailing, setting sail or requesting its repositioning, and forbid the departure of the owner and important crew of the ship in case of default in or in case of nonperformance of the liability for damages and costs arising from the violation of this Act. The same shall apply to any ships that, after setting sail, re-enter the territorial seas of the R.O.C., except where sufficient collateral has been provided.
For the circumstance in the foregoing paragraph, the port management authority and enterprises shall assist in the planning of the berth, the berthing of the ship and the forbidding of the ship's departure from the port. Where necessary, the competent authority may instruct the executive agency to compel the ship to moor in a designated seat.
Where the amount of guarantee provided under the proviso set out in Paragraph 1 is not sufficient to cover the costs incurred by the relevant government agencies in adopting emergency measures and performing clean-up and disposal work, as well as the amount of damages, the shipowner shall replenish the collateral within the time limit notified by the competent authority.
Article 39
The competent authority and each industry competent authority may seek compensation for all expenses generated by emergency measures, clean-up and disposal set forth in this Act. The right to seek compensation for expenses shall take precedence over collateral rights, retention rights and creditor rights.
To secure the creditor rights of compensation for damage, the compensation sought by the competent authority and each industry competent authority for all expenses generated by emergency measures, clean-up and disposal, the fines for those fined pursuant to this Act, and the benefits returning from demands of Article 63, the competent authority and each industry competent authority may enforce provisional seizure of debtor property to the court or the administrative court.