Wreck and Salvage Act, 1996 (Act No. 94 of 1996)Schedule : International Convention on Salvage, 1989Chapter 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. |