Basic Conditions of Employment Act, 1997
R 385
Wreck and Salvage Act, 1996 (Act No. 94 of 1996)Schedule : International Convention on Salvage, 1989Chapter III : Rights of Salvors |
Article 12
Conditions for reward
| (1) | Salvage operations which have had a useful result give right to a reward. |
| (2) | Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result. |
| (3) | This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner. |
Article 13
Criteria for fixing the reward
| (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 minimizing 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. |
| (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. |
| (3) | The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved values of the vessel and other property |
Article 14
Special compensation
| (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. |
| (2) | If, in the circumstances set out in paragraph (1), the salvor by his salvage operations has prevented or minimized 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% 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% of the expenses incurred by the salvor. |
| (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). |
| (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. |
| (5) | If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article. |
| (6) | Nothing in this article shall effect any right of recourse on the part of the owner of the vessel. |
Article 15
Apportionment between salvors
| (1) | The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article. |
| (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. |
Article 16
Salvage of persons
| (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. |
| (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 minimizing damage to the environment. |
Article 17
Services rendered under existing contracts
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.
Article 18
The effect of salvor's misconduct
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.
Article 19
Prohibition of salvage operations
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.
