Merchant Shipping (Salvage and Wreck) Act, 1993

Salvage and State-owned vessels.

17.—(1) This Part shall apply in relation to salvage services rendered in assisting any State-owned vessel, or in saving life therefrom, in the same manner as if the vessel, cargo or apparel belonged to an owner other than the State.

(2) Unless the Government or any Minister of the Government consents, this Part shall not be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, any State-owned vessel, or against State-owned non-commercial cargoes.

(3) Subject to subsection (5), where salvage operations are undertaken by any State-owned vessel, then the State, or the appropriate Minister of the Government on behalf of the State, shall be entitled to claim salvage in accordance with the provisions of this Part and shall have the same rights and remedies as if the vessel undertaking such operations were not a State-owned vessel.

(4) Where, but for this provision, an award under this Part forsalvage operations undertaken by any State-owned vessel would be payable to the State or a Minister of the Government as owner of that vessel, to the master and to other persons in the service of that vessel, there shall in lieu thereof be payable to the State or to that Minister on behalf of the State the said award.

(5) (a) Subject to subsection (4), where—

(i) salvage operations are undertaken by the commander or crew of a vessel owned by the Minister for Defence and operated by the Defence Forces, and

(ii) proceedings are instituted by the commander or crew or part of the crew of such vessel for the enforcement of a claim in respect of such salvage services,

the following provisions shall have effect, that is to say:

(I) the said claim shall not be finally adjudicated upon unless the consent of the Minister for Defence to the taking of the said proceedings (which may be given before or after the institution of those proceedings) is proved;

(II) if the said consent is not proved, the said claim shall stand dismissed with costs.

(b) In this subsection the word “crew” includes officers.

(6) This Part shall not apply to foreign warships or other non-commercial vessels owned or operated by a state other than the State and entitled, at the time of salvage operations, to sovereign immunity under generally recognised principles of international law unless that state has applied the Convention to its warships or other non-commercial vessels.

(7) Unless the state owner of a vessel consents, no provision of this Part shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a foreign state and entitled, at the time of the salvage operations, to sovereign immunity under generally recognised principles of international law.