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South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)

Chapter 5 : General Provisions

46. Limitation of liability and indemnification of Authority

 

(1) The Authority, its officers and any person or body acting on its authority are not liable for any loss or damage suffered by any person by reason of anything done or not done in good faith in the carrying out of the Authority’s duties referred to in section 4.

 

(2)

(a) The State indemnifies the Authority, its officers and any person or body acting on its authority in respect of any civil liability they may incur for loss or damage suffered by any person by reason of anything done or not done in the carrying out of the Authority’s duties referred to in section 4, in an amount equal to the amount by which that liability and any related reasonable costs and expenses exceeds—
(i) the amount payable in respect of that liability or those costs and expenses in terms of any policy of insurance or other form of financial security maintained by the Authority in accordance with paragraph (b); and
(ii) any other amount recoverable by the Authority in respect of that liability or those costs and expenses, whether by way of right of recourse or otherwise.
(b) The Authority must maintain insurance or other financial security contemplated in paragraph (a)(i) in the amount determined in consultation with the Minister.

 

(3)

(a) The State is liable for all unrecoverable reasonable costs and expenses incurred or to be incurred by the Authority in the carrying out of any duty referred to in section 4 to prevent or combat pollution of the marine environment by ships.
(b) For the purposes of paragraph (a), costs and expenses are regarded to be unrecoverable if, and to the extent that—
(i) no liability for the costs and expenses arises under any law;
(ii) the person liable for the costs and expenses under any law is financially incapable of meeting his, her or its obligations in full and any financial security that may be provided does not cover or is insufficient to satisfy the claim for costs and expenses; or
(iii) the costs and expenses exceed any statutory liability limit, and are not otherwise recoverable in terms of any law.