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Marine salvage - does it still exist?

  • 21-08-2013 2:35am
    #1
    FanadMan
    Registered Users, Registered Users 2 Posts: 3,820 ✭✭✭


    Hi

    Was working on a boat near a popular mooring area and noticed another boat drifting towards rocks. It had broken its mooring. The poor thing hasn't been touched for over a year. Myself and the mate headed off after it.

    I eventually had to swim with a tow line to it to keep it off the rocks. We got it under tow and kept it away from the rocks. I replaced the mooring lines (from my own boat) and towed it to our mooring where we tied it up.

    I dived and checked the original mooring - was in really bad condition and was no wonder that the boat broke her mooring.

    Later on, myself and the mate were chatting and he said (jokingly) that we were entitled to salvage rights for saving a loose and drifting boat. I think he is wrong - well, legally he might be right but neither of us would ever take advantage of a neglected or drifting boat.

    Is he right? If we towed an abandoned boat away from definite wreckage, would we be entitled to salvage rights?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Salvage rights do exist but they are nowhere near as simple as I see a ship with no one on it therefore it is now mine.

    http://www.radiokerry.ie/news/e27m-in-silver-bars-salvaged-from-ship-sunk-off-kerry-coast/

    I think it has to do with either rescuing a ship that would otherwise be destroyed or recovering parts of a ship that they legal owners have lost or abandoned their title to, or where the cost of recovery is significant etc. usually the ship or parts thereof are returned to the original owner but for a fee or percentage of the value.


  • #3
    FanadMan
    Registered Users, Registered Users 2 Posts: 3,820 ✭✭✭FanadMan


    johnnyskeleton wrote: »
    Salvage rights do exist but they are nowhere near as simple as I see a ship with no one on it therefore it is now mine.

    http://www.radiokerry.ie/news/e27m-in-silver-bars-salvaged-from-ship-sunk-off-kerry-coast/

    I think it has to do with either rescuing a ship that would otherwise be destroyed or recovering parts of a ship that they legal owners have lost or abandoned their title to, or where the cost of recovery is significant etc. usually the ship or parts thereof are returned to the original owner but for a fee or percentage of the value.

    Doubt there was any silver bars on this boat lol. But just glad we got her saved. Now have a job to find the owner to inform them about the state of their mooring.


  • #4
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    Ireland has implemented the 1989 Salvage Convention by way of the Merchant Shipping (Salvage and Wreck) Act 1993.
    25.—(1) Salvage operations which have had a useful result shall give rise to a right to a reward in accordance with this Part.

    (2) Except where provided for by this Part, no payment shall be due if salvage operations have had no useful result.
    ...
    34.—(1) Upon the request of the salvor, a person liable for payment due under this Part shall provide satisfactory security for the claim, including interest and costs of the salvor.

    (2) Without prejudice to subsection (1), the owner of the salved vessel shall use the 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 harbour 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.

    (4) If, after completion of the salvage operations, satisfactory security for the salvor's claim is not provided and the salved property is in a harbour but not in the salvor's possession or control the receiver of wreck shall, if requested by the salvor in the prescribed form, detain the vessel and other property in the harbour until payment is made for salvage or a warrant of arrest has been issued by the High Court.


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