Merchant Shipping (Salvage and Wreck) Act, 1993

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Number 34 of 1993


MERCHANT SHIPPING (SALVAGE AND WRECK) ACT, 1993


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, commencement, construction and collective citation.

2.

Interpretation (general).

3.

Authorised officers.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Repeals and savings.

6.

Expenses.

PART II

Vessels in Distress

7.

Functions of authorised officer where vessel in distress.

8.

Functions of harbour-master, etc., where vessel in distress in harbour.

9.

Power to pass over adjoining lands, etc.

10.

Search and seizure, etc., in respect of vessels in distress.

11.

Examination in respect of vessels in distress, etc.

PART III

Salvage

12.

Interpretation (Part III).

13.

Application (Part III).

14.

Jurisdiction.

15.

Orders concerning conventions, etc.

16.

Non-application to certain platforms and drilling units.

17.

Salvage and State-owned vessels.

18.

Salvage contracts.

19.

Annulment and modification of contracts.

20.

Duties of salvor, etc.

21.

Duties of owners and master of vessel, etc.

22.

Saver of powers for protection of coastline, etc.

23.

General duty to render assistance to persons in danger at sea.

24.

Account to be taken of need for co-operation.

25.

Conditions for reward.

26.

Criteria for fixing reward.

27.

Special compensation.

28.

Apportionment between salvors.

29.

Preservation of human life.

30.

Services rendered under existing contracts.

31.

Effect of salvor's misconduct.

32.

No reward payable in certain circumstances.

33.

Maritime lien.

34.

Duty to provide security to salvor.

35.

Interim payment to salvor.

36.

Limitation of certain actions.

37.

Interest on rewards.

38.

Humanitarian cargoes.

PART IV

Wrecked and Stranded Vessels

39.

Interpretation (Part IV).

40.

Responsibility of Minister.

41.

Appointment of receivers of wreck.

42.

Indemnification of receivers.

43.

Fees of receivers.

44.

Duties of finder of wreck.

45.

Notice of wreck to be given by receiver.

46.

Claims of owners of wreck.

47.

Immediate sale of wreck by receiver in certain cases.

48.

State entitlement to all unclaimed wreck.

49.

Disposal of unclaimed wreck.

50.

Effect of delivery on wreck, etc., by receiver.

51.

Duty of owner to remove wreck in certain circumstances.

52.

Power to remove wreck, etc.

53.

Liability of owners in respect of removal, etc., of wreck.

54.

Amendment of section 57 of Harbours Act, 1946.

55.

Duty to exercise due care.

56.

Interfering with wreck, etc.

57.

Search warrant and powers of entry.

58.

Provisions as to duties and taxes on goods from wreck, etc.

PART V

Offences and Miscellaneous Provisions

59.

Power of arrest.

60.

Offences by bodies corporate.

61.

Disposal of things seized.

62.

Seizure and retention of property for use in criminal proceedings.

63.

Fines and penalties.

64.

Obstruction.

65.

Amendment of sections 729 and 730 of Merchant Shipping Act, 1894.

66.

Burial at sea.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Declaration of Claim to Remuneration for Salvage Services, etc.


Acts Referred to

Civil Liability Act, 1961

1961, No. 41

Companies Act, 1963

1963, No. 33

Consular Conventions Act, 1954

1954, No. 10

Diplomatic Relations and Immunities Act, 1967

1967, No. 8

Fishery Harbour Centres Act, 1968

1968, No. 18

Harbours Act, 1946

1946, No. 9

Local Government Act, 1941

1941, No. 23

Jurisdiction of Courts (Maritime Conventions) Act, 1989

1989, No. 5

Maritime Jurisdiction Acts, 1959 to 1988

Mercantile Marine Act, 1955

1955, No. 29

Merchant Shipping Act, 1894

57 & 58 Vict. c. 60

Merchant Shipping (Safety Convention) Act, 1952

1952, No. 29

National Monuments (Amendment) Act, 1987

1987, No. 17

Police (Property) Act, 1897

59 & 60 Vict. c. 30

Sea Pollution Act, 1991

1991, No. 27

Statutory Declarations Act, 1938

1938, No. 37

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Number 34 of 1993


MERCHANT SHIPPING (SALVAGE AND WRECK) ACT, 1993


AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON SALVAGE DONE AT LONDON ON THE TWENTY-EIGHTH DAY OF APRIL, 1989, BY AMENDING AND EXTENDING THE MERCHANT SHIPPING ACTS, 1894 TO 1992, TO FURTHER AMEND AND EXTEND THOSE ACTS BY OTHERWISE AMENDING THE LAW RELATING TO SALVAGE AND BY AMENDING, IN ACCORDANCE WITH THE EXIGENCIES OF THE COMMON GOOD, THE LAW RELATING TO VESSELS IN DISTRESS AND THE LAW RELATING TO WRECK, TO AMEND AND EXTEND CERTAIN PROVISIONS OF THE HARBOURS ACT, 1946 , TO PROVIDE FOR SEIZURE AND DETENTION OF PROPERTY FOR USE IN CERTAIN CRIMINAL PROCEEDINGS, TO PROVIDE FOR FINES AND PENALTIES UNDER SECTIONS 729 AND 730 OF THE MERCHANT SHIPPING ACT, 1894 , IN LIEU OF THE FINE PROVIDED FOR IN EACH OF THOSE SECTIONS, TO PROVIDE FOR THE MAKING OF REGULATIONS RELATING TO THE BURIAL OF HUMAN REMAINS AT SEA AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [21st December, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: