Sea Pollution Act 1991

Right to recover compensation from Minister.

27

27. (1) Any person who establishes that any measures taken outside the territorial waters of the State pursuant to section 26 in relation to a ship registered in the State or in a country which is a party to the Intervention Convention went beyond what were reasonably necessary to achieve their purpose shall be entitled to recover compensation from the Minister either by an award referred to in subsection (3) or in any court of competent jurisdiction for any loss or damage caused to that person by reason of the fact that such measures exceeded those reasonably necessary to achieve that purpose.

(2) In considering whether a person is entitled to recover compensation from the Minister pursuant to subsection (1), account shall be taken of—

( a) the extent and probability of imminent damage if those measures had not been taken;

( b) the likelihood of those measures being effective; and

( c) the extent of the damage caused by such measures.

(3) An arbitration award under the Intervention Convention on a claim for compensation to which subsection (1) relates shall be deemed to be an arbitration award under the Arbitration Act, 1954.