Will the Minister consider extending the provisions in relation to special compensation to any agent, other than the salvor, involved in the protection of the environment? Circumstances could arise where it would not be clear as to who should give directions about pollution. For example, one harbour authority could give the go ahead to a private operator, although the matter should be dealt with in another jurisdiction. A grey area may exist where work is done on environmental protection and only under this provision will the salvor be entitled to special compensation.
SECTION 27.
Question proposed: "That section 27 stand part of the Bill."
Salvaging is an international business which is difficult, expensive and specialised. It is engaged in by people who want to make a profit and they will exploit a tragedy at sea. It is important that we have the personnel to enforce laws against these people who do not worry about national governments. As Deputy Sheehan said, our laws must be correct because these people will exploit any loopholes. They are familiar with salvage operations on a global basis and they have tremendous experience and legal back-up. Therefore, I hope these rules and regulations will stand the test of time and, more important, the test of these unscrupulous people who make a profit from the misfortunes of others.
This section encourages the legitimate salvor who was hired by the owner to ensure the protection of the environment in a salvage operation. It is added incentive to ensure that the environment is adequately protected.
In subsection (6) the salvor may be deprived of whole or part of any special compensation due under this section if he is negligent and fails to prevent or minimise damage to the environment. In the event of a storm which would completely annihilate the salvor's plans for containing the wreck, is it the case that any expenses which the salvor had before the storm will not be paid to him?
That is correct. It states that failure "to prevent or minimize damage to the environment, that salvor may be deprived of the whole or part of any special compensation due under this section."
What happens if it is his fault?
Or if it is an act of God?
A salvor takes a chance on his salvage operation during a storm.
However, he cannot be indicted by the authorities if a storm blows up. If the boom is broken by a storm, surely the salvor should be entitled to a percentage of his costs?
I do not agree with the Deputy. The salvor takes a calculated risk when he salvages a vessel as part of his trade and he forfeits everything if he is negligent. Salvage operators take a chance and they know what they can and cannot do. It is a high risk profession.
Question put and agreed to.
Sections 28 to 32, inclusive, agreed to.