Page 17 - 42 SAYURUSARA
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Sayurusara 2020 December 15
must be rendered voluntarily (no duty to act), and Act (No. 40 of 1983)’. Accordingly, the DGMS who
finally the salvage must be successful in whole perform duties according to Merchant Shipping
or in part. The court in establishing the amount Act No.52 of 1971 and 36 of 1988, is appointed as
of the salvor's award would consider the degree the Marshal for the purpose of assisting the High
of danger to which the property was exposed, Court in the exercise of its admiralty jurisdiction.
and the potential environmental impacts that it According to the International Convention
poses. It would be a rare case in which the salvage Relating to the Arrest of Seagoing Ships, signed
award would be greater than 50% of the value at Brussels, on 10th May 1952, ‘Arrest’ means the
of the property salvaged and mostly the salvage detention of a ship by judicial process to secure a
awards amount to 10% to 25%. Same convention maritime claim, but does not include the seizure of
indicates exemption of such arrangement for the a ship in execution or satisfaction of a judgment.
government/ public authority affiliated salvages. Accordingly, AG with the recommendations from
But it says they can inform such nomination to the subject experts, had made a claim for the
IMO and then they can be considered for rewards. cost incurred for salvage operations. After some
Further, same convention indicates that, there is no negotiations mediated by the M/S D. L, & F. De
restriction for country specific laws w.r.t salvages. Saram, being the local legal counsel of the company
The Statutory salvors are the ones who are obliged and club; salvors agreed to pay a total amount of
or has a duty to salvage and therefore they are not Rs. 391 million as submitted by the Sri Lankan
entitled for any rewards except hereinbefore stated. stakeholder entities who supported the salvage
operation. The matter settled without going to
Ship owner contracted salvor for MT New courts, yet with some conditions of; this would be
Diamond, the Smit Singapore Ltd is the regional the final claim and the vessel should be permitted
representative of the well-recognized Smit Dutch for immediate towage away from Sri Lankan EEZ
marine salvage company who was also entrusted without delay.
for raising the controversial Russian Nuclear
Submarine ‘Kursk’ from the seabed in year 2000. Yet, Fire Fighting Attempt
in our case their experts have come to the scene only
on 06th September in addition to the arrangement Actions Against Maritime Pollution...
of Tugs from Hambanthota port for firefighting According to the article 56 of the UNCLOS
and towing. In the absence of proper contract with 1982, the coastal state has the jurisdiction
the owners, continuation of salvage operation by over the protection and preservation of the
navy and other Sri Lankan stakeholders, aroused marine Environment within EEZ. Accordingly,
doubts among some of the citizens. In this case, SL government enacted Marine Pollution
Firefighting and damage control attempts made by Prevention Act no. 35 of 2008 nominating Marine
Sri Lankan authorities with the help of Indian ships Environment Protection Authority (MEPA) as the
and Aircraft targeted to save the tanker mainly Coastal State controller with powers to effectively
to avoid any possible oil spill and environmental safeguard and preserve the maritime zones of
damage. Shouldn’t the fire controlled it would Sri Lanka from pollution. This authority includes
have spread towards crude oil carrying tanks and the pollution caused by any ship-based activity
could have been one of the largest oil spill disasters or shore based maritime related activity and
took place in the world. If so, we would not to conduct investigations and inquiries, and to
manage the environmental damage even with the institute legal actions.
international support and affect the islands coastal
areas for long time simultaneously for tourism The International Convention on Civil
industry and economy. So, this is accepted under Liability for Oil Pollution Damage of 1969 or the
customary international law and general principles
in addition to the provisions given for a coastal
state by UNCLOS and the International Convention
Relating to Intervention on the High Seas in Cases
of Oil Pollution Casualties of 1969; which provides
authority for the coastal state to intervene any
merchant ship during such a situation.
The jurisdiction to handle legal proceedings in
connection with ships and the arrest of ships in Sri
Lankan courts is provided in ‘Admiralty Jurisdiction
must be rendered voluntarily (no duty to act), and Act (No. 40 of 1983)’. Accordingly, the DGMS who
finally the salvage must be successful in whole perform duties according to Merchant Shipping
or in part. The court in establishing the amount Act No.52 of 1971 and 36 of 1988, is appointed as
of the salvor's award would consider the degree the Marshal for the purpose of assisting the High
of danger to which the property was exposed, Court in the exercise of its admiralty jurisdiction.
and the potential environmental impacts that it According to the International Convention
poses. It would be a rare case in which the salvage Relating to the Arrest of Seagoing Ships, signed
award would be greater than 50% of the value at Brussels, on 10th May 1952, ‘Arrest’ means the
of the property salvaged and mostly the salvage detention of a ship by judicial process to secure a
awards amount to 10% to 25%. Same convention maritime claim, but does not include the seizure of
indicates exemption of such arrangement for the a ship in execution or satisfaction of a judgment.
government/ public authority affiliated salvages. Accordingly, AG with the recommendations from
But it says they can inform such nomination to the subject experts, had made a claim for the
IMO and then they can be considered for rewards. cost incurred for salvage operations. After some
Further, same convention indicates that, there is no negotiations mediated by the M/S D. L, & F. De
restriction for country specific laws w.r.t salvages. Saram, being the local legal counsel of the company
The Statutory salvors are the ones who are obliged and club; salvors agreed to pay a total amount of
or has a duty to salvage and therefore they are not Rs. 391 million as submitted by the Sri Lankan
entitled for any rewards except hereinbefore stated. stakeholder entities who supported the salvage
operation. The matter settled without going to
Ship owner contracted salvor for MT New courts, yet with some conditions of; this would be
Diamond, the Smit Singapore Ltd is the regional the final claim and the vessel should be permitted
representative of the well-recognized Smit Dutch for immediate towage away from Sri Lankan EEZ
marine salvage company who was also entrusted without delay.
for raising the controversial Russian Nuclear
Submarine ‘Kursk’ from the seabed in year 2000. Yet, Fire Fighting Attempt
in our case their experts have come to the scene only
on 06th September in addition to the arrangement Actions Against Maritime Pollution...
of Tugs from Hambanthota port for firefighting According to the article 56 of the UNCLOS
and towing. In the absence of proper contract with 1982, the coastal state has the jurisdiction
the owners, continuation of salvage operation by over the protection and preservation of the
navy and other Sri Lankan stakeholders, aroused marine Environment within EEZ. Accordingly,
doubts among some of the citizens. In this case, SL government enacted Marine Pollution
Firefighting and damage control attempts made by Prevention Act no. 35 of 2008 nominating Marine
Sri Lankan authorities with the help of Indian ships Environment Protection Authority (MEPA) as the
and Aircraft targeted to save the tanker mainly Coastal State controller with powers to effectively
to avoid any possible oil spill and environmental safeguard and preserve the maritime zones of
damage. Shouldn’t the fire controlled it would Sri Lanka from pollution. This authority includes
have spread towards crude oil carrying tanks and the pollution caused by any ship-based activity
could have been one of the largest oil spill disasters or shore based maritime related activity and
took place in the world. If so, we would not to conduct investigations and inquiries, and to
manage the environmental damage even with the institute legal actions.
international support and affect the islands coastal
areas for long time simultaneously for tourism The International Convention on Civil
industry and economy. So, this is accepted under Liability for Oil Pollution Damage of 1969 or the
customary international law and general principles
in addition to the provisions given for a coastal
state by UNCLOS and the International Convention
Relating to Intervention on the High Seas in Cases
of Oil Pollution Casualties of 1969; which provides
authority for the coastal state to intervene any
merchant ship during such a situation.
The jurisdiction to handle legal proceedings in
connection with ships and the arrest of ships in Sri
Lankan courts is provided in ‘Admiralty Jurisdiction
