Public Service Commission Act, 1997
R 385
Wreck and Salvage Act, 1996 (Act No. 94 of 1996)Schedule : International Convention on Salvage, 1989Chapter II : Performance of Salvage Operations |
Article 8
Duties of the salvor and of the owner and master
| (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 minimize 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. |
| (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 minimize 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. |
Article 9
Rights of coastal States
Nothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognized 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.
Article 10
Duty to render assistance
| (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. |
| (2) | The State Parties shall adopt the measures necessary to enforce the duty set out in paragraph (1). |
| (3) | The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph (1). |
Article 11
Co-operation
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 cooperation 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.
