Marine Liability Act

Marginal note:Extended meaning of expressions

• 25 (1) For the purposes of this Division and Articles 1 to 15 of the Convention,

  • (a) ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes

    • (i) a ship in the process of construction from the time that it is capable of floating, and

    • (ii) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up,

    but does not include an air cushion vehicle or a floating platform constructed for the purpose of exploring or exploiting the natural resources or the subsoil of the sea-bed;

  • (b) the definition shipowner in paragraph 2 of Article 1 of the Convention shall be read without reference to the word “seagoing” and as including any person who has an interest in or possession of a ship from and including its launching; and

  • (c) the expression “carriage by sea” in paragraph 1(b) of Article 2 of the Convention shall be read as “carriage by water”.

• Marginal note:Inconsistency

  (2) In the event of any inconsistency between sections 28 to 34 of this Act and Articles 1 to 15 of the Convention, those sections prevail to the extent of the inconsistency.