Private Salvage and Public Risk

Résumé

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.