Abstract
The purpose of this paper is to provide an overview of Australian legislation concerning ship sourced oil pollution. There are three broad schemes relating to oil pollution claims: Common law rights;International Conventions forming part of the Law of Australia;Private Agreements with international application. In Australia there are three areas of law applying to oil pollution:Common law of Australia;Commonwealth legislation;State Legislation; and the laws are concerned with two themes:Civil liability providing a basis for compensation;Criminal liability for prohibited discharge of oil imposing penalties.This paper is concerned with issues of civil liability under the Common Law and Commonwealth legislation establishing civil liability to provide compensation, although a brief discussion on criminal liability is included. The State legislation usually follows Commonwealth legislation by adopting the international conventions. To the extent that there is any inconsistency, Commonwealth legislation prevail...
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