ABSTRACT
Chapter 11 deals with property damage caused by pollution or HNS incidents, addressing issues that have arisen in relation to typical claims for damage to fishing gear, fish farms and aquacultural stocks, contamination of ships and boats, and damage to real property. Consideration is given to whether compensation should be based on the cost of cleaning or replacement and, in the case of real property, whether it can be claimed for loss of market value. Cases are also noted where damage falls outside the scope of oil pollution compensation regimes, on the grounds (for example) that it occurred on board the ship carrying the oil, or was not caused by an escape or discharge of oil, or was not caused by contamination.
