Frank Stewart Dethridge Memorial Address 2008: Protection of the Environment - a new Focus in the Convention on Salvage 1989

Abstract

Justice Ryan chooses as his topic the concern with protection of the environment which is reflected in the 1989 Convention on Salvage. Ryan begins by providing some historical context to the law of salvage and salvage reward, Australian Admiralty jurisdiction, and international conventions on salvage. Justice Ryan then proceeds to consider two issues arising from the impact on salvage operations of environmental considerations. The first is whether any, and if so, what weight is to be given in assessing the reward for a salvor to the avoidance or reduction or a danger to marine flora, fauna or other resources or the environment as a whole. The second issue arises when a salvage operation carried out in the face of a substantial danger to the environment has been unsuccessful or has resulted in the salvor recovering less by way of an award referable to the value of the property salved than was expended in undertaking the operation. These are topics which have recently come before the courts. To illustrate his point, Justice Ryan relies on various case examples throughout, from Australia and abroad.

Justice Ryan concludes that many provisions of the 1989 Salvage Convention and the LOF and other salvage contracts which incorporate it still await authoritative exposition and interpretation.

This copy of the address was originally published in Volume 23 of the ANZMLJ (2009).