Page 29 - claims information pack ebook_e

Section 3: Guidelines on the submission of different types of claim

3.1 CLAIMS FOR COSTS OF CLEAN-UP AND

PREVENTIVE MEASURES

Scope of compensation the animals further distress, and should
only be undertaken if there is a reasonable
3.1.1 Clean-up operations at sea and on shore
are in most cases considered as preventive chance of the animals surviving the process.
measures since such measures are usually Claims for reasonable costs associated with
intended to prevent or minimise pollution the provision of local reception facilities
damage. appropriate to the scale of the problem,
materials, medication and food are normally
3.1.2 Compensation is payable for the costs of compensable, as are reasonable food and
reasonable measures taken to combat oil accommodation costs of volunteers. If
at sea, to protect resources vulnerable to oil several special interest groups undertake
(such as sensitive coastal habitats, seawater cleaning and rehabilitation activities these
intakes of industrial plants, mariculture should be properly co-ordinated to avoid
facilities and yacht marinas), to clean duplication of effort. Deductions will be
shorelines and coastal installations and made for funds raised from the public for the
to dispose of collected oil and oily wastes. specific purpose of maintaining the
Compensation is also paid for the costs of field operations for a specific incident. 27
mobilising clean-up equipment and salvage 3.1.5 Claims for the costs of measures to prevent
resources for the purpose of preventive or minimise pollution damage are assessed
measures even if no pollution occurs, on the basis of objective criteria. The fact
provided that the incident created a grave that a government or other public body
and imminent threat of causing pollution decides to take certain measures does
damage and on the condition that the not in itself mean that the measures are
measures were in proportion to the threat reasonable for the purpose of compensation
posed.
under the Conventions. The technical
3.1.3 Loss or damage caused by reasonable reasonableness is assessed on the basis of
measures to prevent or minimise pollution is the facts available at the time of the decision
also compensated. For example, if clean-up to take the measures. However, those in
measures result in damage to roads, piers charge of the operations should continually
and embankments, the cost of the resulting reappraise their decisions in the light of
repairs is compensated. However, claims for developments and technical advice.
work that involves improvement rather than 3.1.6 Claims for costs of response measures
the repair of damage resulting from a spill are not accepted when it could have been
are not accepted.
foreseen that the measures taken would
3.1.4 As a consequence of concerns for animal be ineffective, for example if dispersants
welfare, efforts are often made to clean were used on solid or semi-solid oils or if
contaminated animals, particularly booms were deployed with no regard to their
oiled birds, mammals and reptiles. The ineffectiveness in fast flowing waters. On
capture, cleaning and rehabilitation of the other hand, the fact that the measures
oiled wildlife requires trained personnel proved to be ineffective is not in itself a
and the work is normally carried out by reason for rejection of a claim.
special interest groups, often with the
assistance of volunteers who establish
cleaning stations close to the spill location.
Cleaning is difficult and slow and causes