Page 33 - claims information pack ebook_e

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

released back into the wild should be stations and desalination units. If it is not
provided. If the specialist groups undertaking possible for the property to be cleaned
the work mounted campaigns to raise public or repaired, then replacement costs are
funds for the purpose of maintaining field accepted. However, compensation is not
operations for a specific incident, details paid for the full costs of replacing old items
should be provided, including the costs of with new ones, but account is taken of
the campaigns, the amounts raised and how the age of the property and its expected
the money was used. durability. For example, if a two-year old
fishing net has to be replaced due to heavy
Claims for VAT by central governments contamination, but it would have needed
3.1.20 The central government of an affected State replacing after three years’ use anyway, only
may incur significant costs following an oil one third of the replacement cost would be
spill, inter alia, by using its own resources compensated.
to undertake the clean-up and counter- 3.2.2 Property damage may in some cases result
pollution operations, or by engaging private in an economic loss until the property
contractors specialising in the collection, is cleaned, repaired or replaced as a 31
transport and treatment of waste.
consequence of the owner of the property
3.1.21 The central government of a Member State not being able to conduct his or her normal
which incurs VAT in connection with the business. For example, mariculture may be
prevention of oil pollution operations may disrupted if the facilities are contaminated
recover VAT, if its national law allows for its by oil. Such consequential loss is
inclusion in the claim for compensation. compensable (see sub-sections 3.3–3.5,
dealing with claims for economic loss).
3.1.22 In cases where it is not clear whether
national law allows for the inclusion of VAT 3.2.3 Claims are also accepted for costs of repairs
in the claim for compensation, the claim will to roads, piers and embankments damaged
be assessed applying the rules of the law of by heavy vehicles, such as trucks and
damages, namely that: earth-moving equipment, involved in
(1) a party may not recover damages where clean-up operations. In assessing these
it has suffered no loss; and claims account is taken of the condition
(2) a party may not enjoy a double recovery of the property prior to the incident and
of damages. the normal repair schedules.

3.2 CLAIMS FOR Presentation of claims
PROPERTY DAMAGE 3.2.4 Claimants should provide evidence of the

Scope of compensation damage to their property and invoices
confirming that repairs, cleaning or
3.2.1 Reasonable costs of cleaning, repairing replacement have been undertaken or
or replacing property that has been quotations for the work to be carried out.
contaminated by oil, for example the It is important that property is retained or at
hulls of vessels, including pleasure craft, least photographed. Claimants are advised
fishing gear and mariculture facilities, to contact the 1992 Fund or the P&I Club (or
are compensable. This also applies to the where appropriate the designated surveyor
costs of cleaning the intakes, machinery or local claims office) without delay so that
and equipment of industrial installations a joint survey of the damaged property can
that abstract seawater, such as power be carried out if appropriate.