Page 16 - 42 SAYURUSARA
P. 16
14 Sayurusara 2020 December
requirements through legislation depending on its man refused to leaving her alone assumed to be
legal system. (common law or civil law) due to the worry of abandoning the ship which
may lead someone else to declare ownership of
When we study this accident to MT New the tanker. Finally, a Rescue and Firefighting team
Diamond, we should divide this in to three main dispatched by SLNS Sayura managed to change
cases. First the Rescue of personnel out of Danger, the mind of the captain and rescued him with the
then the Salvage of the ship from casualty including other man by 1445hrs. Finally, all the ship’s crew
Fire Fighting and Damage control and finally the have been taken under SLN custody except the
Pollution Prevention Actions. Oiler who was missing and suspected to be dead
due to explosion in the Engine room. The injured
Rescue Op... person immediately transferred to Kalmunai
hospital.
Rescue mission was coordinated by the Navy
upon receipt of alert to MRCC Colombo located in the Salvage Op...
DGO’s ops room, NHQ, which was established with
the consent of Director General Merchant Shipping All vessels except war ships have an
(DGMS) according to international obligations. As international duty to give reasonable assistance
a state party to the Search and Rescue Convention to other ships in distress in order to save life, but
(SAR), 1979 and subsequent resolutions, Sri Lanka there is no such obligation to salve the vessel.
has a responsibility to arrange/coordinate rescue Any offer of salvage assistance may be refused;
operations within our Maritime Search and Rescue but if it is accepted a contract automatically
Region (SRR) in case of personnel life at danger. arises to give the successful salvor the right to a
Therefore, we have done our part by rescuing every reward under the International Convention on
crew member safely amidst huge fire and risk of Salvage,1989 which was developed from Brussel
explosion onboard MT New Diamond. According to Convention, 1910. The Lloyd's Open Form (LOF)
international law and the customs, no one can claim which is incorporated into this Convention
compensations/rewards for rescuing of personnel. made provision that a salvor who acts or try to
For better interpretation of our maritime areas and prevent environmental damage will be paid, even
responsibility; Sri Lanka has an Exclusive Economic if unsuccessful. Typically, the ship and the salvor
Zone (EEZ) of 8 times and Maritime Search and will sign up to an LOF agreement as in this case
Rescue Region (SRR) of 27 times larger than the it is signed between owner company and SMIT
island. salvors on 03rd September itself with the terms
of salvage. As per Article 14, if the salvor by his
salvage operations has prevented or minimized
damage to the environment, salvor is entitled for
a special compensation equivalent to his expenses
which can be increased up to 30% to 100% of the
expenses under certain circumstances. These
expenses were to be borne by ship owners and
therefore, Protection and Indemnity Insurance
(P&I) clubs also involve in salvage operation
as they have to pay these expenses on owners’
behalf. (Jassal , 2015).
Know the Sri Lankan EEZ and SRR A salvage operation is two-fold.
Contractual salvage means, coming to a prior
Navy’s quick response by directing a rescue agreement with the salvor before action. In the
team from SLNS Ranarisi being the first ever team Pure (merit) salvage, no contract between the
aboard the fire-stricken tanker, saved the life of owner and the salvor exists and the relationship
3rd Engineer who was severely injured and stuck is implied by law. The salvor of property under
inside accommodation area by 1250hrs on 03rd pure salvage must bring his claim for salvage in a
September 2020. Yet, the Captain and another Pump court which has jurisdiction, and this will award
salvage based upon the ‘merit’ of the service and
the value of the salvaged property. In order for a
claim to be awarded, three requirements must be
met: The property must be in peril, the services
requirements through legislation depending on its man refused to leaving her alone assumed to be
legal system. (common law or civil law) due to the worry of abandoning the ship which
may lead someone else to declare ownership of
When we study this accident to MT New the tanker. Finally, a Rescue and Firefighting team
Diamond, we should divide this in to three main dispatched by SLNS Sayura managed to change
cases. First the Rescue of personnel out of Danger, the mind of the captain and rescued him with the
then the Salvage of the ship from casualty including other man by 1445hrs. Finally, all the ship’s crew
Fire Fighting and Damage control and finally the have been taken under SLN custody except the
Pollution Prevention Actions. Oiler who was missing and suspected to be dead
due to explosion in the Engine room. The injured
Rescue Op... person immediately transferred to Kalmunai
hospital.
Rescue mission was coordinated by the Navy
upon receipt of alert to MRCC Colombo located in the Salvage Op...
DGO’s ops room, NHQ, which was established with
the consent of Director General Merchant Shipping All vessels except war ships have an
(DGMS) according to international obligations. As international duty to give reasonable assistance
a state party to the Search and Rescue Convention to other ships in distress in order to save life, but
(SAR), 1979 and subsequent resolutions, Sri Lanka there is no such obligation to salve the vessel.
has a responsibility to arrange/coordinate rescue Any offer of salvage assistance may be refused;
operations within our Maritime Search and Rescue but if it is accepted a contract automatically
Region (SRR) in case of personnel life at danger. arises to give the successful salvor the right to a
Therefore, we have done our part by rescuing every reward under the International Convention on
crew member safely amidst huge fire and risk of Salvage,1989 which was developed from Brussel
explosion onboard MT New Diamond. According to Convention, 1910. The Lloyd's Open Form (LOF)
international law and the customs, no one can claim which is incorporated into this Convention
compensations/rewards for rescuing of personnel. made provision that a salvor who acts or try to
For better interpretation of our maritime areas and prevent environmental damage will be paid, even
responsibility; Sri Lanka has an Exclusive Economic if unsuccessful. Typically, the ship and the salvor
Zone (EEZ) of 8 times and Maritime Search and will sign up to an LOF agreement as in this case
Rescue Region (SRR) of 27 times larger than the it is signed between owner company and SMIT
island. salvors on 03rd September itself with the terms
of salvage. As per Article 14, if the salvor by his
salvage operations has prevented or minimized
damage to the environment, salvor is entitled for
a special compensation equivalent to his expenses
which can be increased up to 30% to 100% of the
expenses under certain circumstances. These
expenses were to be borne by ship owners and
therefore, Protection and Indemnity Insurance
(P&I) clubs also involve in salvage operation
as they have to pay these expenses on owners’
behalf. (Jassal , 2015).
Know the Sri Lankan EEZ and SRR A salvage operation is two-fold.
Contractual salvage means, coming to a prior
Navy’s quick response by directing a rescue agreement with the salvor before action. In the
team from SLNS Ranarisi being the first ever team Pure (merit) salvage, no contract between the
aboard the fire-stricken tanker, saved the life of owner and the salvor exists and the relationship
3rd Engineer who was severely injured and stuck is implied by law. The salvor of property under
inside accommodation area by 1250hrs on 03rd pure salvage must bring his claim for salvage in a
September 2020. Yet, the Captain and another Pump court which has jurisdiction, and this will award
salvage based upon the ‘merit’ of the service and
the value of the salvaged property. In order for a
claim to be awarded, three requirements must be
met: The property must be in peril, the services
