Updated: 22 August 2001

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DRAFT PROTOCOL TO THE SALVAGE CONVENTION 1989
(by the late Geoffrey Brice QC)

(Please note Mr Brice's draft is in italics)

Article 1

Definitions

For the purpose of this Convention

  1. "Salvage Operation" means any act or activity to assist a vessel or any other property (including services to or involving historic wreck) in danger in navigable waters or in any other waters whatsoever.
  2. "Vessel" means any ship or craft, or any structure capable of navigation.
  3. "Property" means any property not permanently and intentionally attached to the shoreline and includes freight at risk.

"Historic wreck" means a vessel or cargo or artefacts relating thereto including any remains of the same (whether submerged or embedded or not) of prehistoric, archaeological, historic or other significant cultural interest.

"Damage to the cultural heritage" means damage to historic wreck including damage or destruction at the salvage site of any significant information relating to the wreck or in its historical and cultural context.

  1. "Damage to the environment" means substantial physical  damage to human health or marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.
  2. "Payment" means any reward, remuneration or compensation due under this Convention.
  3. "Organization" means the International Maritime Organization.
  4. "Secretary-General" means the Secretary-General of the Organization.

Article 13

Criteria for fixing the reward

  1. The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below:
    1. the salved value of the vessel and other property;
    2. the skill and efforts of the salvors in preventing or minimizing damage to the environment;
    3. the measure of success obtained by the salvor;
    4. the nature and degree of danger;
    5. the skill and efforts of the salvors in salving the vessel, other property and life;
    6. the time used and expenses and losses incurred by the salvors or their equipment;
    7. the risk of liability and other risks run by the salvors or their equipment;
    8. the promptness of the services rendered;
    9. the availability and use of the vessel or other equipment intended for salvage operations;
    10. the state of readiness and efficiency of the salvors' equipment and value thereof;
    11. in the case of historic wreck, the extent to which the salvor has:
      1. protected the same and consulted with, co-operated with and complied with the reasonable requirements of the appropriate scientific, archaeological and historical bodies and organizations (including complying with any widely accepted code of practice notified to and generally available at the offices of the Organization.
      2. complied with the reasonable and lawful requirements of the governmental authorities having a clear and valid interest (for prehistoric, archaeological, historic or other significant cultural reasons) in the salvage operations and in the protection of the historic wreck or any part thereof, and
      3. avoided damage to the cultural heritage.

Article 18

The effect of salvor's misconduct

A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that the salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct. In the case of historic wreck, misconduct includes a failure to comply with the requirements set out in Article 13 paragraph (k) or causing damage to the cultural heritage.

Article 30

Reservations

  1. Any State may at the time of signature, ratification, acceptance, approval or accession, reserve the right not to apply the provisions of this Convention:
    1. when the salvage operations take place in inland waters and all vessels involved are of inland navigation;
    2. when the salvage operations take place in inland waters and no vessel is involved;
    3. when all interested parties are nationals of that State;
    4. when the property involved is historic wreck (delete maritime cultural property of prehistoric, archaeological or historic interest) and is wholly or in part in the territorial sea (including on or in the seabed or shoreline) or wholly or in part in inland waters (including the seabed and shoreline thereof).