GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) inform all States which have signed or acceded to this Convention of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of this Convention; (iii) the deposit of any instrument of denunciation of this Convention, together with the date of the deposit and the date on which the denunciation takes effect; and (iv) other declarations and notifications received pursuant to this Convention;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (i)
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (ii)
(ii) the date of entry into force of this Convention;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (iii)
(iii) the deposit of any instrument of denunciation of this Convention, together with the date of the deposit and the date on which the denunciation takes effect; and
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (iv)
(iv) other declarations and notifications received pursuant to this Convention;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) transmit certified true copies of this Convention to all States that have signed or acceded to this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 As soon as this Convention enters into force, a certified true copy of the text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations, for registration and publication in accordance with Article 102 of the Charter of the United Nations.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
DONE IN NAIROBI this eighteenth day of May two thousand and seven.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Issued in accordance with the provisions of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Name and full address of the principal place of business of the registered owner
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
This is to certify that there is in force, in respect of the above-named ship, a policy of insurance or other financial security satisfying the requirements of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Name and address of the insurer(s) and/or guarantor(s)
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Issued or certified by the Government of
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
The following text should be used when a State Party avails itself of article 12, paragraph 3:
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
The present certificate is issued under the authority of the Government of (full designation of the State) by (name of institution or organization)
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
(Signature and Title of issuing or certifying official)
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
Explanatory Notes: 1 If desired, the designation of the State may include a reference to the competent public authority of the country where the Certificate is issued. 2 If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated. 3 If security is furnished in several forms, these should be enumerated. 4 The entry “Duration of Security” must stipulate the date on which such security takes effect. 5 The entry “Address” of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 If desired, the designation of the State may include a reference to the competent public authority of the country where the Certificate is issued.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 If security is furnished in several forms, these should be enumerated.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 4
4 The entry “Duration of Security” must stipulate the date on which such security takes effect.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 5
5 The entry “Address” of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage operations,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
NOTING that substantial developments, in particular the increased concern for the protection of the environment, have demonstrated the need to review the international rules presently contained in the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
CONVINCED of the need to ensure that adequate incentives are available to persons who undertake salvage operations in respect of vessels and other property in danger,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
For the purpose of this Convention: (a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever. (b) Vessel means any ship or craft, or any structure capable of navigation. (c) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk. (d) Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents. (e) Payment means any reward, remuneration or compensation due under this Convention. (f) Organization means the International Maritime Organization. (g) Secretary-General means the Secretary-General of the Organization.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) Vessel means any ship or craft, or any structure capable of navigation.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (d)
(d) Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (e)
(e) Payment means any reward, remuneration or compensation due under this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (f)
(f) Organization means the International Maritime Organization.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (g)
(g) Secretary-General means the Secretary-General of the Organization.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognized principles of international law unless that State decides otherwise.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 Nothing in this article shall affect the application of article 7 nor duties to prevent or minimize damage to the environment.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
A contract or any terms thereof may be annulled or modified if: (a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or (b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 The salvor shall owe a duty to the owner of the vessel or other property in danger: (a) to carry out the salvage operations with due care; (b) in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimize damage to the environment; (c) whenever circumstances reasonably require, to seek assistance from other salvors; and (d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) to carry out the salvage operations with due care;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimize damage to the environment;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) whenever circumstances reasonably require, to seek assistance from other salvors; and
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (d)
(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor: (a) to co-operate fully with him during the course of the salvage operations; (b) in so doing, to exercise due care to prevent or minimize damage to the environment; and (c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) to co-operate fully with him during the course of the salvage operations;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) in so doing, to exercise due care to prevent or minimize damage to the environment; and
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Nothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognized principles of international law to protect its coastline or related interests from pollution or the threat of pollution following upon a maritime casualty or acts relating to such a casualty which may reasonably be expected to result in major harmful consequences, including the right of a coastal State to give directions in relation to salvage operations.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
A State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provisions of facilities to salvors, take into account the need for co-operation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Salvage operations which have had a useful result give right to a reward.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
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: (a) the salved value of the vessel and other property; (b) the skill and efforts of the salvors in preventing or minimizing damage to the environment; (c) the measure of success obtained by the salvor; (d) the nature and degree of the danger; (e) the skill and efforts of the salvors in salving the vessel, other property and life; (f) the time used and expenses and losses incurred by the salvors; (g) the risk of liability and other risks run by the salvors or their equipment; (h) the promptness of the services rendered; (i) the availability and use of vessels or other equipment intended for salvage operations; (j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) the salved value of the vessel and other property;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) the measure of success obtained by the salvor;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (d)
(d) the nature and degree of the danger;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (e)
(e) the skill and efforts of the salvors in salving the vessel, other property and life;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (f)
(f) the time used and expenses and losses incurred by the salvors;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (g)
(g) the risk of liability and other risks run by the salvors or their equipment;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (h)
(h) the promptness of the services rendered;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (i)
(i) the availability and use of vessels or other equipment intended for salvage operations;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (j)
(j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30 % of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100 % of the expenses incurred by the salvor.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 4
4 The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 5
5 If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 6
6 Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 The apportionment between the owner, master and other persons in the service of each sailing vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
No payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that 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.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Upon the request of the salvor a person liable for payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released.