Wreck and Salvage Act, 1996 (Act No. 94 of 1996)

2. Application and interpretation of Convention
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(1) The Convention shall, subject to the provisions of this Act, have the force of law and apply in the Republic.

 

(2) The provisions of Attachment 1 to the Convention shall have effect in connection with the application and interpretation of the Convention.

 

(3) This Act shall not affect any rights or liabilities arising out of any salvage operations or other acts started before the commencement of this Act.

 

(4) Any reference in the Convention to a State Party shall be construed as, or as including, a reference to the Republic.

 

(5) Notwithstanding anything to the contrary in any other law or the common law contained, a court of law or any tribunal may, in the interpretation of the Convention, consider the preparatory texts to the Convention, decisions of foreign courts and any publication.

 

(6) Notwithstanding anything to the contrary in article 3 or any other article of the Convention, a subject of salvage shall include any fixed or floating platform or any mobile offshore drilling unit whether or not it is engaged in the exploration, exploitation or production of sea-bed mineral resources.

 

(7) “Damage to the environment” as defined in article 1 of the Convention shall for purposes of this Act, notwithstanding anything to the contrary contained in this Act, not be restricted to coastal or inland waters or to areas adjacent thereto, but shall apply to any place where such damage may occur.

 

(8) Notwithstanding the provisions of article 14(3) of the Convention, for the purposes of this Act, the expression “fair rate” means a rate of remuneration which is fair having regard to the scope of the work and to the prevailing market rate, if any, for work of a similar nature.

 

(9) In the case of any conflict between the Afrikaans and English texts of this Act and the Convention the English text shall be decisive.

 

(10) Any claimant under this Act shall be entitled to enforce a maritime lien.