Commonwealth Numbered Acts

TRANSPORT LEGISLATION AMENDMENT ACT 1995 No. 95 of 1995 - SCHEDULE 4

                         SCHEDULE 4        Section 3 and item 58 of

Part H of Schedule 1
SCHEDULE TO BE ADDED AFTER SCHEDULE 8 TO THE NAVIGATION ACT 1912
                        "SCHEDULE 9                     Section 294

PART A
INTERNATIONAL CONVENTION ON SALVAGE, 1989 THE STATES PARTIES TO THE PRESENT
CONVENTION, RECOGNIZING the desirabilty of determining by agreement uniform
international rules regarding salvage operations, NOTING that substantial
developments, in particular the increased concern for the protection of the
environment, have demonstrated the need to review the international rules
presently contained in the Convention for the Unification of Certain Rules of
Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September
1910, CONSCIOUS of the major contribution which efficient and timely salvage
operations can make to the safety of vessels and other property in danger and
to the protection of the environment, CONVINCED of the need to ensure that
adequate incentives are available to persons who undertake salvage operations
in respect of vessels and other property in danger, HAVE AGREED as follows:
Chapter I-General provisions
Article 1
Definitions 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)  Organization means the International Maritime Organization.

   (g)  Secretary-General means the Secretary-General of the Organization.
Article 2
Application of the Convention This Convention shall apply whenever judicial or
arbitral proceedings relating to matters dealt with in this Convention are
brought in a State Party.
Article 3
Platforms and drilling units 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.
Article 4
State-owned vessels 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 recognized principles of international law unless that State
decides otherwise. 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.
Article 5
Salvage operations controlled by public authorities 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.
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. 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.
Article 6
Salvage contracts 1. This Convention shall apply to any salvage operations
save to the extent that a contract otherwise provides expressly or by
implication. 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. 3. Nothing in this
article shall affect the application of article 7 nor duties to prevent or
minimize damage to the environment.
Article 7
Annulment and modification of contracts 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.

Chapter 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 States 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 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.
Chapter 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 value 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 affect
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.

Chapter IV-Claims and actions
Article 20
Maritime lien 1. Nothing in this Convention shall affect the salvor's maritime
lien under any international convention or national law. 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.
Article 21
Duty to provide security 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. 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.
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.
Article 22
Interim payment 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. 2. In the event of an interim payment under this
article the security provided under article 21 shall be reduced accordingly.
Article 23
Limitation of actions 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. 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 claimaint. This period may
in the like manner be further extended. 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.
Article 24
Interest 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.
Article 25
State-owned cargoes 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 recognized principles of international
law.
Article 26
Humanitarian cargoes 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.
Article 27
Publication of arbitral awards States Parties shall encourage, as far as
possible and with the consent of the parties, the publication of arbitral
awards made in salvage cases.

Chapter V-Final clauses
Article 28
Signature, ratification, acceptance, approval and accession 1. This Convention
shall be open for signature at the Headquarters of the Organization from 1
July 1989 to 30 June 1990 and shall thereafter remain open for accession. 2.
States may express their consent to be bound by this Convention by:

   (a)  signature without reservation as to ratification, acceptance or
        approval; or

   (b)  signature subject to ratification, acceptance or approval, followed by
        ratification, acceptance or approval; or

   (c)  accession. 3. Ratification, acceptance, approval or accession shall be
        effected by the deposit of an instrument to that effect with the
        Secretary-General.
Article 29
Entry into force 1. This Convention shall enter into force one year after the
date on which 15 States have expressed their consent to be bound by it. 2. For
a State which expresses its consent to be bound by this Convention after the
conditions for entry into force thereof have been met, such consent shall take
effect one year after the date of expression of such consent.
Article 30
Reservations 1. Any State may, at the time of signature, ratification,
acceptance, approval or accession, reserve the right not to apply the
provisions of this Convention:

   (a)  when the salvage operation takes place in inland waters and all
        vessels involved are of inland navigation;

   (b)  when the salvage operations take place in inland waters and no vessel
        is involved;

   (c)  when all interested parties are nationals of that State;

   (d)  when the property involved is maritime cultural property of
        prehistoric, archaeological or historic interest and is situated on
        the sea-bed. 2. Reservations made at the time of signature are subject
        to confirmation upon ratification, acceptance or approval. 3. Any
        State which has made a reservation to this Convention may withdraw it
        at any time by means of a notification addressed to the
        Secretary-General. Such withdrawal shall take effect on the date the
        notification is received. If the notification states that the
        withdrawal of a reservation is to take effect on a date specified
        therein, and such date is later than the date the notification is
        received by the Secretary-General, the withdrawal shall take effect on
        such later date.
Article 31
Denunciation 1. This Convention may be denounced by any State Party at any
time after the expiry of one year from the date on which this Convention
enters into force for that State. 2. Denunciation shall be effected by the
deposit of an instrument of denunciation with the Secretary-General. 3. A
denunciation shall take effect one year, or such longer period as may be
specified in the instrument of denunciation, after the receipt of the
instrument of denunciation by the Secretary-General.
Article 32
Revision and amendment 1. A conference for the purpose of revising or amending
this Convention may be convened by the Organization. 2. The Secretary-General
shall convene a conference of the States Parties to this Convention for
revising or amending the Convention, at the request of eight States Parties,
or one fourth of the States Parties, whichever is the higher figure. 3. Any
consent to be bound by this Convention expressed after the date of entry into
force of an amendment to this Convention shall be deemed to apply to the
Convention as amended.
Article 33
Depositary 1. This Convention shall be deposited with the Secretary-General.
2. The Secretary-General shall:

   (a)  inform all States which have signed this Convention or acceded
        thereto, and all Members of the Organization, of:

        (i)    each new signature or deposit of an instrument of ratification,
               acceptance, approval or accession together with the date
               thereof;

        (ii)   the date of the entry into force of this Convention;

        (iii)  the deposit of any instrument of denunciation of this
               Convention together with the date on which it is received and
               the date on which the denunciation takes effect;

        (iv)   any amendment adopted in conformity with article 32;

        (v)    the receipt of any reservation, declaration or notification
               made under this Convention;

   (b)  transmit certified true copies of this Convention to all States which
        have signed this Convention or acceded thereto. 3. As soon as this
        Convention enters into force, a certified true copy thereof shall be
        transmitted by the Depositary to the Secretary- General of the United
        Nations for registration and publication in accordance with Article
        102 of the Charter of the United Nations.
Article 34
Languages This Convention is established in a single original in the Arabic,
Chinese, English, French, Russian and Spanish languages, each text being
equally authentic. IN WITNESS WHEREOF the undersigned being duly authorized by
their respective Governments for that purpose have signed this Convention.
DONE AT LONDON this twenty-eighth day of April one thousand nine hundred and
eighty-nine.

PART B
COMMON UNDERSTANDING CONCERNING ARTICLES 13 AND 14 OF THE
INTERNATIONAL CONVENTION ON SALVAGE, 1989 It is the common understanding of
the Conference that, in fixing a reward under article 13 and assessing special
compensation under article 14 of the International Convention on Salvage, 1989
the tribunal 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.".

NOTES ABOUT SECTION HEADINGS 1. On the commencement of item 15 of Part G of
Schedule 1, the heading to section 11 of the Motor Vehicle Standards Act 1987
is omitted and the following heading is substituted:

"Withdrawal of identification plate authority". 2. On the commencement of item
17 of Part G of Schedule 1, the heading to section 13 of the Motor Vehicle
Standards Act 1987 is omitted and the following heading is substituted:

"Vehicles taken to have identification plates". 3. On the commencement of item
15 of Part H of Schedule 1, the heading to section 206G of the Navigation Act
1912 is omitted and the following heading is substituted:

"Cargo steamships-safety radio certificates". 4. On the commencement of item
31 of Part H of Schedule 1, the heading to section 225 of the Navigation Act
1912 is omitted and the following heading is substituted:

"Particulars in certificate to be entered in log-book". 5. On the commencement
of item 55 of Part H of Schedule 1, the heading to section 386A of the
Navigation Act 1912 is omitted and the following heading is substituted:

"Impairment of person's capacity to carry out duties as master or seaman". 6.
On the commencement of Schedule 3, the heading to section 110 of the
Navigation Act 1912 is omitted and the following heading is substituted:

"Return of foreign-going seaman to ship".