ABSTRACT

This chapter discusses the subject of port liability in general, and its liabilities for wreck removal and marine pollution, in particular. The place from where a ship starts its voyage is a port and the place where it ends its voyage is another port. In the current maritime milieu, a port is variously referred to as a harbour or terminal. Port liability in the context of pollution damage is discussed by reference to a novel aspect of the Tasman Spirit episode, and in relatively more detail, the Sea Empress incident which occurred in the port of Milford Haven in Wales. The legal and practical implications for a port including its potential liability for marine pollution damage, inevitably becomes more serious if the wreck happens to be that of a leaking tanker. The liability of a port authority as an occupier of premises has been discussed in terms of both common law as well as relevant English statute law.