Published 1980-07-03
Keywords
- private salvage,
- salvage reward,
- negligence,
- public policy,
- Lloyd's Open Form
- security,
- arbitration,
- marine pollution,
- CLC 1969,
- Navigation Act 1912,
- LLMC 1957,
- Navigation Act Amendment Act 1979 ...More
Abstract
Justice Connolly's paper considers possible impacts on salvor interests, contracts and rewards from both domestic Australian legislation (the Navigation Act 1912 as amended) and international conventions as they relate to oil pollution. The LLMC 1957, for example, did not apply to salvors and could not be offset by the costs of preventative measures to reduce oil pollution, putting salvors in a precarious position. Further, the Navigation Act prima facie rendered salvors criminally responsible for the discharge of oil. Australia had not yet adopted the CLC 1969 at this stage, and civil actions for oil pollution were governed by common law. The author offers solutions to these and other problems facing salvors.