| 1994
c. 28 - continued |
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SCHEDULE 1 |
| Section
1(1). |
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International
Convention on Salvage, 1989 |
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Part I |
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Text of
Convention |
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Article 1 |
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Definitions |
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For the purpose of this Convention—
(a) Salvage operation
means any act or activity undertaken to assist
a vessel or any other property in danger in
navigable waters or in any other waters
whatsoever.
(b) Vessel means any
ship or craft, or any structure capable of
navigation.
(c) Property means any
property not permanently and intentionally
attached to the shoreline and includes freight
at risk.
(d) Damage to the
environment means substantial physical damage
to human health or to marine life or resources
in coastal or inland waters or areas adjacent
thereto, caused by pollution, contamination,
fire, explosion or similar major incidents.
(e) Payment means any
reward, remuneration or compensation due under
this Convention.
(f) Organisation means
the International Maritime Organisation.
(g) Secretary-General
means the Secretary-General of the
Organisation.
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Article 2 |
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Application
of the Convention |
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This Convention shall apply whenever judicial or
arbitral proceedings relating to matters dealt
with in this Convention are brought in a State
Party.
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Article 3 |
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Platforms
and drilling units |
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This Convention shall not apply to fixed or
floating platforms or to mobile offshore
drilling units when such platforms or units are
on location engaged in the exploration,
exploitation or production of sea-bed mineral
resources.
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Article 4 |
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State-owned
vessels |
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1. Without
prejudice to article 5, this Convention shall
not apply to warships or other non-commercial
vessels owned or operated by a State and
entitled, at the time of salvage operations, to
sovereign immunity under generally recognised
principles of international law unless that
State decides otherwise. |
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2. Where
a State Party decides to apply the Convention to
its warships or other vessels described in
paragraph 1, it shall notify the
Secretary-General thereof specifying the terms
and conditions of such application. |
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Article 5 |
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Salvage
operations controlled by public authorities |
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1. This
Convention shall not affect any provisions of
national law or any international convention
relating to salvage operations by or under the
control of public authorities. |
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2. Nevertheless,
salvors carrying out such salvage operations
shall be entitled to avail themselves of the
rights and remedies provided for in this
Convention in respect of salvage operations. |
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3. The
extent to which a public authority under a duty
to perform salvage operations may avail itself
of the rights and remedies provided for in this
Convention shall be determined by the law of the
State where such authority is situated. |
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Article 6 |
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Salvage
contracts |
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1. This
Convention shall apply to any salvage operations
save to the extent that a contract otherwise
provides expressly or by implication. |
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2. The
master shall have the authority to conclude
contracts for salvage operations on behalf of
the owner of the vessel. The master or the owner
of the vessel shall have the authority to
conclude such contracts on behalf of the owner
of the property on board the vessel. |
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3. Nothing
in this article shall affect the application of
article 7 nor duties to prevent or minimise
damage to the environment. |
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Article 7 |
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Annulment
and modification of contracts |
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A contract or any terms thereof may be annulled
or modified if—
(a) the contract has
been entered into under undue influence or the
influence of danger and its terms are
inequitable; or
(b) the payment under
the contract is in an excessive degree too
large or too small for the services actually
rendered.
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Article 8 |
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Duties of
the salvor and of the owner and master |
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1. The
salvor shall owe a duty to the owner of the
vessel or other property in danger—
(a) to carry
out the salvage operations with due care;
(b) in
performing the duty specified in subparagraph
(a), to exercise due care to prevent or
minimise damage to the environment;
(c) whenever
circumstances reasonably require, to seek
assistance from other salvors; and
(d) to accept
the intervention of other salvors when
reasonably requested to do so by the owner or
master of the vessel or other property in
danger; provided however that the amount of
his reward shall not be prejudiced should it
be found that such a request was unreasonable.
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2. The
owner and master of the vessel or the owner of
other property in danger shall owe a duty to the
salvor—
(a) to
co-operate fully with him during the course of
the salvage operations;
(b) in so
doing, to exercise due care to prevent or
minimise damage to the environment; and
(c) when the
vessel or other property has been brought to a
place of safety, to accept redelivery when
reasonably requested by the salvor to do so.
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Article 9 |
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Rights of
coastal States |
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Nothing in this Convention shall affect the
right of the coastal State concerned to take
measures in accordance with generally recognised
principles of international law to protect its
coastline or related interests from pollution or
the threat of pollution following upon a
maritime casualty or acts relating to such a
casualty which may reasonably be expected to
result in major harmful consequences, including
the right of a coastal State to give directions
in relation to salvage operations.
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Article 10 |
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Duty to
render assistance |
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1. Every
master is bound, so far as he can do so without
serious danger to his vessel and persons
thereon, to render assistance to any person in
danger of being lost at sea. |
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2. The
States Parties shall adopt the measures
necessary to enforce the duty set out in
paragraph 1. |
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3. The
owner of the vessel shall incur no liability for
a breach of the duty of the master under
paragraph 1. |
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Article 11 |
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Co-operation |
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A State Party shall, whenever regulating or
deciding upon matters relating to salvage
operations such as admittance to ports of
vessels in distress or the provision of
facilities to salvors, take into account the
need for co-operation between salvors, other
interested parties and public authorities in
order to ensure the efficient and successful
performance of salvage operations for the
purpose of saving life or property in danger as
well as preventing damage to the environment in
general.
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Article 12 |
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Conditions
for reward |
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1. Salvage
operations which have had a useful result give
right to a reward. |
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2. Except
as otherwise provided, no payment is due under
this Convention if the salvage operations have
had no useful result. |
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3. This
chapter shall apply, notwithstanding that the
salved vessel and the vessel undertaking the
salvage operations belong to the same owner. |
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Article 13 |
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Criteria
for fixing the reward |
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1. The
reward shall be fixed with a view to encouraging
salvage operations, taking into account the
following criteria without regard to the order
in which they are presented below—
(a) the
salved value of the vessel and other property;
(b) the skill
and efforts of the salvors in preventing or
minimising damage to the environment;
(c) the
measure of success obtained by the salvor;
(d) the
nature and degree of the danger;
(e) the skill
and efforts of the salvors in salving the
vessel, other property and life;
(f) the time
used and expenses and losses incurred by the
salvors;
(g) the risk
of liability and other risks run by the
salvors or their equipment;
(h) the
promptness of the services rendered;
(i) the
availability and use of vessels or other
equipment intended for salvage operations;
(j) the state
of readiness and efficiency of the salvor's
equipment and the value thereof.
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2. Payment
of a reward fixed according to paragraph 1 shall
be made by all of the vessel and other property
interests in proportion to their respective
salved values. However, a State Party may in its
national law provide that the payment of a
reward has to be made by one of these interests,
subject to a right of recourse of this interest
against the other interests for their respective
shares. Nothing in this article shall prevent
any right of defence. |
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3. The
rewards, exclusive of any interest and
recoverable legal costs that may be payable
thereon, shall not exceed the salved value of
the vessel and other property. |
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Article 14 |
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Special
compensation |
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1. If
the salvor has carried out salvage operations in
respect of a vessel which by itself or its cargo
threatened damage to the environment and has
failed to earn a reward under article 13 at
least equivalent to the special compensation
assessable in accordance with this article, he
shall be entitled to special compensation from
the owner of that vessel equivalent to his
expenses as herein defined. |
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2. If,
in the circumstances set out in paragraph 1, the
salvor by his salvage operations has prevented
or minimised damage to the environment, the
special compensation payable by the owner to the
salvor under paragraph 1 may be increased up to
a maximum of 30 per cent. of the expenses
incurred by the salvor. However, the tribunal,
if it deems it fair and just to do so and
bearing in mind the relevant criteria set out in
article 13, paragraph 1, may increase such
special compensation further, but in no event
shall the total increase be more than 100 per
cent. of the expenses incurred by the salvor. |
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3. Salvor's
expenses for the purpose of paragraphs 1 and 2
means the out-of-pocket expenses reasonably
incurred by the salvor in the salvage operation
and a fair rate for equipment and personnel
actually and reasonably used in the salvage
operation, taking into consideration the
criteria set out in article 13, paragraph 1(h),
(i) and (j). |
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4. The
total special compensation under this article
shall be paid only if and to the extent that
such compensation is greater than any reward
recoverable by the salvor under article 13. |
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5. If
the salvor has been negligent and has thereby
failed to prevent or minimise damage to the
environment, he may be deprived of the whole or
part of any special compensation due under this
article. |
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6. Nothing
in this article shall affect any right of
recourse on the part of the owner of the vessel. |
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Article 15 |
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Apportionment
between salvors |
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1. The
apportionment of a reward under article 13
between salvors shall be made on the basis of
the criteria contained in that article. |
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2. The
apportionment between the owner, master and
other persons in the service of each salving
vessel shall be determined by the law of the
flag of that vessel. If the salvage has not been
carried out from a vessel, the apportionment
shall be determined by the law governing the
contract between the salvor and his servants. |
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Article 16 |
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Salvage
of persons |
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1. No
remuneration is due from persons whose lives are
saved, but nothing in this article shall affect
the provisions of national law on this subject. |
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2. A
salvor of human life, who has taken part in the
services rendered on the occasion of the
accident giving rise to salvage, is entitled to
a fair share of the payment awarded to the
salvor for salving the vessel or other property
or preventing or minimising damage to the
environment. |
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Article 17 |
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Services
rendered under existing contracts |
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No payment is due under the provisions of this
Convention unless the services rendered exceed
what can be reasonably considered as due
performance of a contract entered into before
the danger arose.
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Article 18 |
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The
effect of salvor's misconduct |
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A salvor may be deprived of the whole or part of
the payment due under this Convention to the
extent that the salvage operations have become
necessary or more difficult because of fault or
neglect on his part or if the salvor has been
guilty of fraud or other dishonest conduct.
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Article 19 |
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Prohibition
of salvage operations |
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Services rendered notwithstanding the express
and reasonable prohibition of the owner or
master of the vessel or the owner of any other
property in danger which is not and has not been
on board the vessel shall not give rise to
payment under this Convention.
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Article 20 |
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Maritime
lien |
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1. Nothing
in this Convention shall affect the salvor's
maritime lien under any international convention
or national law. |
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2. The
salvor may not enforce his maritime lien when
satisfactory security for his claim, including
interest and costs, has been duly tendered or
provided. |
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Article 21 |
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Duty to
provide security |
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1. Upon
the request of the salvor a person liable for a
payment due under this Convention shall provide
satisfactory security for the claim, including
interest and costs of the salvor. |
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2. Without
prejudice to paragraph 1, the owner of the
salved vessel shall use his best endeavours to
ensure that the owners of the cargo provide
satisfactory security for the claims against
them including interest and costs before the
cargo is released. |
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3. The
salved vessel and other property shall not,
without the consent of the salvor, be removed
from the port or place at which they first
arrive after the completion of the salvage
operations until satisfactory security has been
put up for the salvor's claim against the
relevant vessel or property. |
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Article 22 |
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Interim
payment |
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1. The
tribunal having jurisdiction over the claim of
the salvor may, by interim decision, order that
the salvor shall be paid on account such amount
as seems fair and just, and on such terms
including terms as to security where
appropriate, as may be fair and just according
to the circumstances of the case. |
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2. In
the event of an interim payment under this
article the security provided under article 21
shall be reduced accordingly. |
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Article 23 |
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Limitation
of actions |
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1. Any
action relating to payment under this Convention
shall be time-barred if judicial or arbitral
proceedings have not been instituted within a
period of two years. The limitation period
commences on the day on which the salvage
operations are terminated. |
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2. The
person against whom a claim is made may at any
time during the running of the limitation period
extend that period by a declaration to the
claimant. This period may in the like manner be
further extended. |
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3. An
action for indemnity by a person liable may be
instituted even after the expiration of the
limitation period provided for in the preceding
paragraphs, if brought within the time allowed
by the law of the State where proceedings are
instituted. |
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Article 24 |
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Interest |
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The right of the salvor to interest on any
payment due under this Convention shall be
determined according to the law of the State in
which the tribunal seized of the case is
situated.
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Article 25 |
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State-owned
cargoes |
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Unless the State owner consents, no provision of
this Convention shall be used as a basis for the
seizure, arrest or detention by any legal
process of, nor for any proceedings in rem
against, non-commercial cargoes owned by a State
and entitled, at the time of the salvage
operations, to sovereign immunity under
generally recognised principles of international
law.
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Article 26 |
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Humanitarian
cargoes |
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No provision of this Convention shall be used as
a basis for the seizure, arrest or detention of
humanitarian cargoes donated by a State, if such
State has agreed to pay for salvage services
rendered in respect of such humanitarian
cargoes.
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Article 27 |
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Publication
of arbitral awards |
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States Parties shall encourage, as far as
possible and with the consent of the parties,
the publication of arbitral awards made in
salvage cases.
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Part II |
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Provisions
having effect in connection with Convention |
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Interpretation |
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1. In
this Part of this Schedule any reference to a
numbered article is a reference to the article
of the Convention which is so numbered. |
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Claims excluded from Convention |
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2.—(1) The
provisions of the Convention do not apply—
(a) to a
salvage operation which takes place in
inland waters of the United Kingdom and in
which all the vessels involved are of inland
navigation; and
(b) to a
salvage operation which takes place in
inland waters of the United Kingdom and in
which no vessel is involved.
(2) In
this paragraph "inland waters" does
not include any waters within the ebb and flow
of the tide at ordinary spring tides or the
waters of any dock which is directly or (by
means of one or more other docks) indirectly,
connected with such waters. |
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Assistance to persons in danger at sea |
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3.—(1) The
master of a vessel who fails to comply with
the duty imposed on him by article 10
paragraph 1 commits an offence and shall be
liable—
(a) on
summary conviction, to imprisonment for a
term not exceeding six months or a fine not
exceeding the statutory maximum or both;
(b) on
conviction on indictment, to imprisonment
for a term not exceeding two years or a
fine, or both.
(2) Compliance
by the master of a vessel with that duty shall
not affect his right or the right of any other
person to a payment under the Convention or
under any contract. |
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The reward and special compensation: the
common understanding |
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4. In
fixing a reward under article 13 and assessing
special compensation under article 14 the
court or arbitrator (or, in Scotland, arbiter)
is under no duty to fix a reward under article
13 up to the maximum salved value of the
vessel and other property before assessing the
special compensation to be paid under article
14. |
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Recourse for life salvage payment |
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5.—(1) This
paragraph applies where—
(a) services
are rendered wholly or in part in United
Kingdom waters in saving life from a vessel
of any nationality or elsewhere in saving
life from any United Kingdom ship; and
(b) either—
(i) the
vessel and other property are destroyed,
or
(ii) the
sum to which the salvor is entitled under
article 16, paragraph 2 is less than a
reasonable amount for the services
rendered in saving life.
(2) Where
this paragraph applies, the Secretary of State
may, if he thinks fit, pay to the salvor such
sum or, as the case may be, such additional
sum as he thinks fit in respect of the
services rendered in saving life.
(3) In this
paragraph "United Kingdom ship"
means a ship registered in the United Kingdom. |
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Meaning of "judicial proceedings" |
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6. References
in the Convention to judicial proceedings are
references to proceedings—
(a) in
England and Wales, in the High Court or the
county court;
(b) in
Scotland, in the Court of Session or in the
sheriff court;
(c) in
Northern Ireland, in the High Court;
and any reference to the
tribunal having jurisdiction (so far as it
refers to judicial proceedings) shall be
construed accordingly. |
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Meaning of "State Party" |
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7.—(1) An
Order in Council made for the purposes of this
paragraph and declaring that any State
specified in the Order is a party to the
Convention in respect of a specified country
shall, subject to the provisions of any
subsequent Order made for those purposes, be
conclusive evidence that the State is a party
to the Convention in respect of that country.
(2) In this
paragraph "country" includes
"territory". |